Barrister AI
All legislation
SAAct
In force
Held text is as at 1 May 2020. Later incorporated or unincorporated amendments may not yet appear.Check the official source before relying on current wording →
s 5

Eligibility for registration

In force
Part 2Registered relationships
Division 1Registration

5 Eligibility for registration

(1)

Two adults who are in a relationship as a couple, irrespective of their sex or gender identity, may apply to the Registrar for registration of their relationship.

(2)

A relationship cannot be registered unless at least 1 of the adults resides in South Australia.

(3)

A relationship cannot be registered if—

(a)

either adult is in a union that is recognised as a marriage under the Marriage Act 1961 of the Commonwealth; or

(b)

either adult is already registered under this Act or a corresponding law as being in a registered relationship or a corresponding law registered relationship; or

(c)

either adult is in a relationship as a couple with another person; or

(d)

the adults are related by family.

(4)

Two adults are related by family if—

(a)

1 is the child (including an adopted child) of the other; or

(b)

1 is another descendant of the other (even if the relationship is traced through an adoptive parent); or

(c)

they have a parent in common (including an adoptive parent or either or both of them).

(5)

Subsection (4) applies—

(a)

even if an adoption has been declared void or is of no effect; and

(b)

to adoptions under the law of any place (whether in or out of Australia) relating to the adoption of children; and

(c)

in relation to a child whose parentage is determined by an order under section 10HB of the Family Relationships Act 1975 (a parentage order) in the same way as it applies in relation to an adopted child, even if the parentage order is discharged under section 10HC of that Act (and, for that purpose, a reference in subsection (4) to an adoptive parent is to be read as a reference to a person who is declared to be the parent of a child under a parentage order).

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.