Family Law Act. Australia

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СКАЧАТЬ the purposes of this Subdivision, a person is the de facto partner of another person if: (a) a relationship between the person and the other person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; or (b) the person is in a de facto relationship with the other person.

      60F Certain children are children of marriage etc.

      (1) A reference in this Act to a child of a marriage includes, subject to subsection (3), a reference to each of the following children: (a) a child adopted since the marriage by the husband and wife or by either of them with the consent of the other; (b) a child of the husband and wife born before the marriage; (c) a child who is, under subsection 60H(1) or section 60HB, the child of the husband and wife.

      (2) A reference in this Act to a child of a marriage includes a reference to a child of: (a) a marriage that has been terminated by divorce or annulled (in Australia or elsewhere); or (b) a marriage that has been terminated by the death of one party to the marriage.

      (3) A child of a marriage who is adopted by a person who, before the adoption, is not a prescribed adopting parent ceases to be a child of that marriage for the purposes of this Act.

      (4) The following provisions apply in relation to a child of a marriage 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 the marriage for the purposes of this Act; (b) in any other case — the child continues to be a child of the marriage for the purposes of this Act.

      (4A) To avoid doubt, for the purposes of this Act, a child of a marriage is a child of the husband and of the wife in the marriage.

      (5) In this section: this Act includes: (a) the standard Rules of Court; and (b) the related Federal Circuit Court Rules.

      60G Family Court may grant leave for adoption proceedings by prescribed adopting parent (1) Subject to subsection (2), the Family Court, the Supreme Court of the Northern Territory or the Family Court of a State may grant leave for proceedings to be commenced for the adoption of a child by a prescribed adopting parent.

      (2) In proceedings for leave under subsection (1), the court must consider whether granting leave would be in the child’s best interests, having regard to the effect of paragraph 60F(4)(a), or paragraph 60HA(3)(a), and of sections 61E and 65J.

      Note: Sections 6 °CB to 6 °CG deal with how a court determines a child’s best interests.

      60H Children born as a result of artificial conception procedures (1) If: (a) a child is born to a woman as a result of the carrying out of an artificial conception procedure while the woman was married to, or a de facto partner of, another person (the other intended parent); and (b) either: (i) the woman and the other intended parent consented to the carrying out of the procedure, and any other person who provided genetic material used in the procedure consented to the use of the material in an artificial conception procedure; or (ii) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of the woman and of the other intended parent; then, whether or not the child is biologically a child of the woman and of the other intended parent, for the purposes of this Act: (c) the child is the child of the woman and of the other intended parent; and (d) if a person other than the woman and the other intended parent provided genetic material — the child is not the child of that person.

      (2) If: (a) a child is born to a woman as a result of the carrying out of an artificial conception procedure; and (b) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of the woman; then, whether or not the child is biologically a child of the woman, the child is her child for the purposes of this Act.

      (3) If: (a) a child is born to a woman as a result of the carrying out of an artificial conception procedure; and (b) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of a man; then, whether or not the child is biologically a child of the man, the child is his child for the purposes of this Act.

      (5) For the purposes of subsection (1), a person is to be presumed to have consented to an artificial conception procedure being carried out unless it is proved, on the balance of probabilities, that the person did not consent.

      (6) In this section: this Act includes: (a) the standard Rules of Court; and (b) the related Federal Circuit Court Rules.

      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: (a) the standard Rules of Court; and (b) the related Federal Circuit Court Rules.

      60HB Children born under surrogacy arrangements (1) If a court has made an order under a prescribed law of a State or Territory to the effect that: (a) a child is the child of one or more persons; or (b) each of one or more persons is a parent of a child; then, for the purposes of this Act, the child is the child of each of those persons.

      (2) In this section: this Act includes: (a) the standard Rules of Court; and (b) the related Federal Circuit Court Rules.

      Subdivision E — Family dispute resolution 60I Attending family dispute resolution before applying for Part VII order Object of this section (1) The object of this section is to ensure that all persons who have a dispute about matters that may be dealt with by an order under this Part (a Part VII order) make a genuine effort to resolve that dispute by family dispute resolution before the Part VII order is applied for.

      Phase 1 (from commencement to 30 June 2007) (2) The dispute resolution provisions of the Family Law Rules 2004 impose the requirements for dispute resolution that must be complied with before an application is made to the Family Court of Australia for a parenting order.

      (3) By force of this subsection, the dispute resolution provisions of the Family Law Rules 2004 also apply to an application to a court (other than the Family Court of Australia) for a parenting order. Those provisions apply to the application with such modifications as are necessary.

      (4) Subsection (3) applies to an application for a parenting order if the application is made: (a) on or after the commencement of this section; and (b) before 1 July 2007.

      Phase 2 (from 1 July 2007 to 30 June 2008) (5) Subsections (7) to (12) apply to an application СКАЧАТЬ