Family Relationships Regulations 2010 (SA)

South Australia

Family Relationships Regulations 2010

under the Family Relationships Act 1975

1Short title

These regulations may be cited as the Family Relationships Regulations 2010.

3Interpretation

In these regulations—

Act means the Family Relationships Act 1975.

3ARequirements for Section 10C declarations

1. (1)

   A woman and her partner may make a declaration that they have elected to have the parentage of a child birthed by the woman as a result of a fertilisation procedure determined in accordance with section 10C(3a) of the Act (a Section 10C declaration).

2. (2)

   For the purposes of section 10C(3a)(c) of the Act, the following requirements are prescribed in relation to a Section 10C declaration:

   1. (a)

      the declaration must be made in writing;

   2. (b)

      the woman and her partner must each declare that, for the purposes of the law of the State, they have elected that—

      1. (i)

         the partner will be conclusively presumed to have caused the pregnancy; and

      2. (ii)

         the partner will be taken to be the father or co‑parent (as the case may be) of the child;

   3. (c)

      the declaration must be signed by each party to the declaration;

   4. (d)

      the signatures must be made in the presence of a justice of the peace or another person authorised under the Oaths Act 1936 to take declarations or attest the execution of instruments.

Legislative history

Notes

• •

  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 these regulations (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 regulations and variations

  New entries appear in bold.

  Year	No	Reference	Commencement
  2010	249	Gazette 2.12.2010 p5496	2.12.2010: r 2
  2016	226	Gazette 15.9.2016 p3744	23.9.2016: r 2
  2016	252	Gazette 27.10.2016 p4271	27.2.2017: r 2
  2020	214	Gazette 18.6.2020 p3417	1.9.2020: r 2

  Provisions varied

  New entries appear in bold.

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under the Legislation Revision and Publication Act 2002	23.9.2016
  r 3A	inserted by 226/2016 r 4	23.9.2016
  rr 3B and 3C	inserted by 252/2016 r 4	27.2.2017
  deleted by 214/2020 r 4	1.9.2020
  r 4	deleted by 214/2020 r 4	1.9.2020

  Historical versions

  23.9.2016

  27.2.2017