Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:3a_60ha
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 3A cl 60HA
Character Range: 190756–192050

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 Magistrates Rules.