South Australian Current Acts

FAMILY RELATIONSHIPS ACT 1975 - SCHEDULE 1

Schedule 1—Transitional provisions

1—Transitional provisions ( Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019 )

        (1)         A reference to a husband in section 10C(3) as in force immediately before the commencement of the amending Act will, during the prescribed period, be taken to have been a reference to a spouse.

        (2)         To avoid doubt, a partner of a woman who was taken to be a father or co-parent of a child born as a result of the woman's pregnancy in consequence of a fertilisation procedure under section 10C(3a) as in force immediately before the commencement of the amending Act will continue to be taken to be the father or co-parent (as the case may be) of that child notwithstanding the repeal of section 10C(3a) by the amending Act.

        (3)         A female spouse or partner of a surrogate mother may only be a party to a recognised surrogacy agreement for the purposes of section 10HA(2a)(a)(i) as amended by the amending Act if that agreement was entered into after the commencement of this clause.

        (4)         In this section—

amending Act means the Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019 ;

prescribed period means the period commencing on the recognition day and ending on the day before the amending Act commenced;

recognition day means the day on which Part 1 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 of the Commonwealth commenced.