Section 60HA — Family Law Act 1975: 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.