Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 60HA

Children of de facto partners

  (1)   For the purposes of this Act, a child is the child of a person who has, or had, a   de   facto   partner if:

  (a)   the child is a child of the person and the person's   de   facto   partner; or

  (b)   the child is adopted by the person and the person's   de   facto   partner or by either of them with the consent of the other; or

  (c)   the child is, under subsection   60H(1) or section   60HB, a child of the person and the person's   de   facto   partner.

This subsection has effect subject to subsection   (2).

  (2)   A child of current or former   de   facto   partners ceases to be a child of those partners for the purposes of this Act if the child is adopted by a person who, before the adoption, is not a prescribed adopting parent.

  (3)   The following provisions apply in relation to a child of current or former   de   facto   partners who is adopted by a prescribed adopting parent:

  (a)   if a court granted leave under section   60G for the adoption proceedings to be commenced--the child ceases to be a child of those partners for the purposes of this Act;

  (b)   in any other case--the child continues to be a child of those partners for the purposes of this Act.

  (4)   In this section:

"this Act" includes the applicable Rules of Court.


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