South Australian Consolidated Acts South Australian Consolidated ActsNotes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1975 |
115 |
4.12.1975 |
29.1.1976 (Gazette 29.1.1976 p356) |
|
|
1984 |
102 |
Family Relationships Act Amendment Act 1984 |
20.12.1984 |
14.2.1985 (Gazette 14.2.1985 p366) |
|
1986 |
66 |
Family Relationships Act Amendment Act 1986 |
13.11.1986 |
13.11.1986 |
|
1988 |
2 |
Family Relationships Act Amendment Act 1988 |
3.3.1988 |
7.4.1988 (Gazette 7.4.1988 p856) |
|
2006 |
43 |
Statutes Amendment (Domestic Partners) Act 2006 |
14.12.2006 |
Pt 2 (ss 4—7)—1.6.2007 (Gazette 26.4.2007
p1352) |
|
2009 |
43 |
Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment
Act 2009 |
1.10.2009 |
Sch 1 (Pt 1)—1.9.2010 (Gazette 1.7.2010
p3338) |
|
2009 |
64 |
Statutes Amendment (Surrogacy) Act 2009 as amended by
8/2010 |
26.11.2009 |
Pt 2 (ss 4—14) & Sch 1—26.11.2010:
s 2 |
|
2010 |
8 |
Statutes Amendment (Surrogacy) Amendment Act 2010 |
8.7.2010 |
26.11.2010 immediately after 64/2009: s 2 |
|
2011 |
22 |
Family Relationships (Parentage) Amendment
Act 2011 |
23.6.2011 |
15.12.2011 (Gazette 15.12.2011 p4987) |
|
2011 |
27 |
Statutes Amendment (De Facto Relationships) Act 2011 |
21.7.2011 |
Pt 3 (s 5)—21.7.2011: s 2(1) |
Provisions amended since 3 February
1976
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
|
|
s 3 |
amended by 102/1984 s 3 |
14.2.1985 |
|
|
deleted by 2/1988 s 3 |
7.4.1988 |
|
s 5 |
|
|
|
s 5(1) |
s 5 redesignated as s 5(1) by 22/2011
s 4(3) |
15.12.2011 |
|
substituted by 102/1984 s 4(a) |
14.2.1985 |
|
|
inserted by 22/2011 s 4(1) |
15.12.2011 |
|
|
the Court |
deleted by 43/2006 s 4 |
1.6.2007 |
|
inserted by 43/2006 s 4 |
1.6.2007 |
|
|
inserted by 22/2011 s 4(2) |
15.12.2011 |
|
|
inserted by 102/1984 s 4(b) |
14.2.1985 |
|
|
s 5(2) |
inserted by 22/2011 s 4(3) |
15.12.2011 |
|
Pt 2 |
|
|
|
s 7 |
amended by 22/2011 s 5(1), (2) |
15.12.2011 |
|
s 8 |
|
|
|
s 8(1) |
s 8 amended by 102/1984 s 5 |
14.2.1985 |
|
|
s 8 amended and redesignated as s 8(1) by 22/2011 s 6(1),
(2) |
15.12.2011 |
|
s 8(2) |
inserted by 22/2011 s 6(2) |
15.12.2011 |
|
s 9 |
|
|
|
s 9(1) |
amended by 22/2011 s 7(1)—(6) |
15.12.2011 |
|
s 9(4) |
amended by 22/2011 s 7(7) |
15.12.2011 |
|
s 10 |
amended by 64/2009 s 4 |
26.11.2010 |
|
|
amended by 22/2011 s 8 |
15.12.2011 |
|
Pt 2A |
inserted by 102/1984 s 6 |
14.2.1985 |
|
heading |
amended by 43/2009 Sch 1 cl 1 |
1.9.2010 |
|
s 10A |
|
|
|
s 10A(1) |
|
|
|
substituted by 2/1988 s 4 |
7.4.1988 |
|
|
|
substituted by 43/2009 Sch 1 cl 2 |
1.9.2010 |
|
inserted by 22/2011 s 9(1) |
15.12.2011 |
|
|
s 10A(3) |
inserted by 22/2011 s 9(2) |
15.12.2011 |
|
s 10B |
|
|
|
s 10B(1) |
substituted by 43/2009 Sch 1 cl 3 |
1.9.2010 |
|
s 10B(2) |
amended by 66/1986 s 2 |
13.11.1986 |
|
|
deleted by 2/1988 s 5 |
7.4.1988 |
|
s 10B(4) |
inserted by 64/2009 s 5 |
26.11.2010 |
|
|
deleted by 22/2011 s 10 |
15.12.2011 |
|
s 10C |
substituted by 22/2011 s 11 |
15.12.2011 |
|
s 10D before deletion by 22/2011 |
|
|
|
s 10D(3) |
inserted by 43/2009 Sch 1 cl 4 |
1.9.2010 |
|
ss 10D and 10 E |
deleted by 22/2011 s 11 |
15.12.2011 |
|
s 10EA |
inserted by 43/2009 Sch 1 cl 5 |
1.9.2010 |
|
s 10EA(1) |
amended by 22/2011 s 12(1), (2) |
15.12.2011 |
|
s 10EA(6) |
amended by 22/2011 s 12(3) |
15.12.2011 |
|
Pt 2B |
inserted by 2/1988 s 6 |
7.4.1988 |
|
Pt 2B Div 1 |
|
|
|
heading |
inserted by 64/2009 s 6 |
26.11.2010 |
|
s 10F |
|
|
|
recognised surrogacy agreement |
inserted by 64/2009 s 7 |
26.11.2010 |
|
Pt 2B Div 2 |
|
|
|
heading |
inserted by 64/2009 s 8 |
26.11.2010 |
|
s 10G |
|
|
|
s 10G(4) |
inserted by 64/2009 s 9 |
26.11.2010 |
|
Pt 2B Div 3 |
inserted by 64/2009 s 10 |
26.11.2010 |
|
Pt 2B Div 4 |
|
|
|
heading |
inserted by 64/2009 s 11 |
26.11.2010 |
|
Pt 3 before substitution by 43/2006 |
|
|
|
s 11 |
|
|
|
s 11(1) |
amended by 102/1984 s 7 |
14.2.1985 |
|
Pt 3 |
substituted by 43/2006 s 5 |
1.6.2007 |
|
s 11B |
|
|
|
s 11B(3) |
amended by 27/2011 s 5 |
21.7.2011 |
|
Pt 4 |
|
|
|
s 13 |
substituted by 43/2006 s 6 |
1.6.2007 |
|
s 13(4) |
amended by 64/2009 s 12(1)—(3) |
26.11.2010 |
|
s 14 |
|
|
|
s 14(1) |
amended by 64/2009 s 13(1) |
26.11.2010 |
|
s 14(2) |
amended by 64/2009 s 13(2) |
26.11.2010 |
|
s 15 |
inserted by 64/2009 s 14 |
26.11.2010 |
Transitional etc provisions associated with Act or
amendments
Statutes Amendment (Domestic Partners) Act
2006
7—Transitional provision
If, before the commencement of this section, a declaration has been made
under Part 3 of the Family Relationships Act 1975 that a person
was, on a certain date, the putative spouse of another, the declaration will, if
the case requires, be taken to be that the person was, on that date, the
domestic partner of the other.
Statutes Amendment (Surrogacy) Act 2009,
Sch 1—Transitional provisions (as amended by Statutes Amendment
(Surrogacy) Amendment Act 2010, s 4)
1—Existing agreements
(1) In this clause—
Court means the Youth Court of South Australia
constituted of a Judge;
surrogacy contract means a surrogacy contract as defined by
section 10F of the Family Relationships Act 1975.
(2) Subject to this clause, if the Court, on application under this
clause, is satisfied that in the circumstances of the particular case it would
be an appropriate course of action for the Court to exercise the powers
conferred by this clause, the Court may determine that a surrogacy contract
entered into before the commencement of this clause should have effect as a
recognised surrogacy agreement under section 10HA of the Family
Relationships Act 1975 (as enacted by this Act), despite the operation
of Part 2B of that Act.
(3) An application under this clause—
(a) must be made by all parties to the surrogacy contract; and
(b) must be made within 15 months after the commencement of this
clause.
(4) An application cannot be made under this clause if a child has been
born as a result of the relevant pregnancy and the child is more than
10 years old on the day on which the Statutes Amendment (Surrogacy)
Amendment Act 2010 comes into operation.
(5) An application may be made under this clause, and the Court may make
an order under this clause, despite the operation of sections 10G and 10H of the
Family Relationships Act 1975.
(6) The Attorney-General may intervene in any proceedings under this
clause to make representations or tender evidence (or both).
(7) If the Court makes an order under this clause—
(a) the surrogacy contract will be taken to be a recognised surrogacy
agreement validly entered into under section 10HA of the Family Relationships
Act 1975; and
(b) a child within the contemplation or operation of the agreement will be
taken to be a child born under the terms of a recognised surrogacy agreement;
and
(c) the person or persons to whom custody or rights were to be surrendered
under the surrogacy contract will be taken to be a commissioning parent or
commissioning parents under a recognised surrogacy agreement; and
(d) the Court may consider and deal with an application under section 10HB
of the Family Relationships Act 1975 (as enacted by this Act) as if
it applied to the surrogacy contract (and to the parties to the surrogacy
contract) and, if relevant, as if subsections (2)(c) and (5) of that section did
not apply; and
(e) the Court may make any other related order as it thinks fit.
Family Relationships (Parentage) Amendment Act 2011,
Sch 1—Transitional provision
1—Immunity
Despite a provision of the Births, Deaths and Marriages Registration
Act 1996, no liability attaches to a person for a failure to provide to
the Registrar particulars of the person who is the father or co-parent of a
child in the case where—
(a) the child was born before the commencement of this clause;
and
(b) the person is only taken to be father or co-parent of the child by
virtue of Part 2A of the Family Relationships Act 1975 (as
amended by this Act).
Historical versions
|
Reprint No 1—1.7.1991 |
|
|
1.6.2007 |
|
|
1.9.2010 |
|
|
26.11.2010 |
|
|
21.7.2011 |
|