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PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 5A
Family relationship
5A Family relationship
(1) For the purposes of sections 4 and 5, persons are related by family if--
(a) one is the parent, or another ancestor, of the other, or
(b) one is the
child, or another descendant, of the other, or
(c) they have a parent in
common.
(2) For the purposes of this section-- (a) a person is taken to be an
ancestor or descendant of another person even if the relationship between them
is traced through, or to, a person who is or was an adopted child, and
(b)
the relationship of parent and child between an adoptive parent and an adopted
child is taken to continue even though the order by which the adoption was
effected has been annulled, cancelled or discharged or the adoption has
otherwise ceased to be effective, and
(c) the relationship between an adopted
child and the adoptive parent, or each of the adoptive parents, is taken to be
or to have been the natural relationship of child and parent, and
(d) a
person who has been adopted more than once is taken to be the child of each
person by whom he or she has been adopted.
(3) In subsection (2),
"adopted" means adopted under the law of any place, whether in Australia or
not, relating to the adoption of children.
(4) Subsection (2) applies in
relation to a child whose parentage is transferred as a result of a parentage
order, or an Interstate parentage order, within the meaning of the Surrogacy
Act 2010 in the same way as it applies in relation to an adopted child. For
that purpose, a reference in that subsection to an adoptive parent is to be
read as a reference to a person to whom the parentage of a child is
transferred under such a parentage order.
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