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.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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