South Australia
Family Relationships Act 1975
An Act to abolish the legal consequences of illegitimacy under the law of this State; to invest courts of this State with power to make judgments declaratory of certain relationships; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
4	Crown to be bound by this Act
5	Interpretation
Part 2—Children
6	All children of equal status
7	Recognition of paternity
8	Presumption as to parentage
9	Declaration of parentage
10	Saving provision
Part 2A—Children conceived following fertilisation procedures
10A	Interpretation
10B	Application of Part
10C	Rules relating to parentage
10EA	Court order relating to paternity
Part 2B—Surrogacy
Division 1—Interpretation
10F	Interpretation
Division 1A—State Framework for Altruistic Surrogacy and Surrogate Register
10FA	State Framework for Altruistic Surrogacy
10FB	Surrogate Register
Division 2—Certain contracts and activities relating to surrogacy illegal
10G	Illegality of surrogacy contracts
10H	Offences
Division 3—Lawful surrogacy under recognised agreements
Subdivision 1—Recognised surrogacy agreements
10HA	Recognised surrogacy agreements
10HAB	Medical decisions affecting surrogate mother or child
Subdivision 2—Orders
10HB	Orders as to parents of child born under recognised surrogacy arrangements
10HC	Ability to discharge an order
10HD	Court to notify Registrar of Births, Deaths and Marriages
10HE	Access to Court records
10HF	Finality of orders
Subdivision 3—Related matters
10HG	Power of court to cure irregularities
10HH	Ministerial power of delegation
Division 4—Interaction with other laws
10I	Interaction with other laws
Part 3—Domestic partners
11	Interpretation
11A	Domestic partners
11B	Declaration as to domestic partners (other than domestic partners in registered relationship)
Part 4—Miscellaneous
12	Protection of administrators etc
13	Confidentiality of proceedings
14	Claim under this Act may be brought in the course of other proceedings
15	Regulations
Schedule 1—Transitional provisions
1	Transitional provisions (Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019)
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Family Relationships Act 1975.
4—Crown to be bound by this Act
This Act binds the Crown.
5—Interpretation
	(1)	In this Act, unless the contrary intention appears—
child born outside marriage includes a child born to a married woman of which a man other than her lawful spouse is the father;
co-parent, of a child, means a person who is taken to be a co‑parent of the child under Part 2A;
Court means the Supreme Court, the District Court or the Magistrates Court;
domestic partner—see section 11A;
father or natural father, of a child, includes a person who is presumed to be the father of the child under Part 2A;
instrument means any instrument that creates, modifies or extinguishes legal or equitable rights, powers or liabilities.
	(2)	A reference in this or any other Act to the mother, father or parent (however described) of a child will, unless the contrary intention appears, be taken to include a reference to a co‑parent of the child (regardless of the sex of the co‑parent).

Part 2—Children
6—All children of equal status
	(1)	Subject to this Act, the relationship of parent and child exists, for the purposes of the law of this State, between a person and his natural father or mother, and other relationships of consanguinity or affinity shall be traced accordingly.
	(2)	Subject to subsection (3) of this section, where an instrument contains an expression denoting a relationship of consanguinity or affinity, that expression shall be construed in accordance with the provisions of subsection (1) of this section, unless the contrary intention appears either expressly or by implication from the terms of the instrument, or from circumstances that can be properly taken into account in construing the instrument.
	(3)	An instrument executed before the commencement of this Act shall be construed as if this Act had not been passed.
	(4)	Whenever it is relevant under the law of this State to determine the relationship between persons, the provisions of this Part are, so far as they may be relevant, applicable—
	(a)	whether or not any of those persons is, or has ever been, domiciled in this State; and
	(b)	whether or not any of those persons was born, or died, before the commencement of this Act.
7—Recognition of paternity
A person shall be recognised as the father of a child born outside marriage only if—
	(a)	he is recognised as father of the child by reason of legitimation of the child, or under the law relating to the adoption of children; or
	(b)	he has acknowledged in proceedings for registration of the birth of the child (either in this State or in some other place) that he is the father of the child; or
	(c)	he has been, during his lifetime, adjudged by a court of competent jurisdiction (either of this State, or of some other place) to be the father of the child; or
	(d)	he has been adjudged under this Act to be the father of the child,
and no other person is, under this Act, taken to be the father or co‑parent of the child.
8—Presumption as to parentage
	(1)	Subject to Part 2A, a child born to a woman during her marriage or qualifying relationship, or within ten months after the marriage or qualifying relationship has been dissolved by death or otherwise, shall, in the absence of proof to the contrary, be presumed to be the child of its mother and her spouse or partner or former spouse or partner (as the case may be).
	(2)	In this section—
qualifying relationship has the same meaning as in Part 2A.
9—Declaration of parentage
	(1)	Where—
	(a)	a female person alleges that a particular person is the father or co-parent of her child; or
	(b)	a person alleges that the relationship of father or co-parent and child exists between that person and another person; or
	(c)	a person whose pecuniary interests, or whose rights or obligations at law or in equity, are affected according to whether the relationship of father or co‑parent and child exists between two persons desires the court to determine whether such relationship exists between those persons,
that person may apply to the Court for a declaration of parentage, and if it is proved to the satisfaction of the Court that the relationship exists, the Court may make such a declaration.
	(2)	A declaration may be made under this section whether or not one or both of the persons in relation to whom the declaration is sought are dead.
	(3)	The Court should not proceed to make a declaration under this section unless it is satisfied, as far as reasonably practicable, that all living persons whose interests are affected by the declaration have had the opportunity to make representations to the Court in relation to the subject matter of the proceedings.
	(4)	Where a person claims that the relationship of father or co-parent and child exists between two persons, and one or both of those persons are dead at the time of the proceedings, a declaration shall not be made under this section unless the claim is supported by credible corroborative evidence.
10—Saving provision
This Part does not affect—
	(a)	the rules under which the domicile of a child is determined; or
	(b)	the consequences at law or in equity of the adoption of a child made or recognised under the law of this State; or
	(c)	any proceedings under the Community Welfare Act 1972, in which the paternity of a child is in issue; or
	(d)	the operation of, or the consequences at law or in equity of an order under, Part 2A or 2B of this Act.

Part 2A—Children conceived following fertilisation procedures
10A—Interpretation
	(1)	In this Part—
fertilisation procedure means—
	(a)	assisted insemination (within the meaning of the Assisted Reproductive Treatment Act 1988); or
	(b)	assisted reproductive treatment (within the meaning of the Assisted Reproductive Treatment Act 1988).
qualifying relationship means a marriage‑like relationship between 2 people who are partners (irrespective of their sex or gender identity), and includes a relationship that is registered under the Relationships Register Act 2016.
	(2)	A reference in this Part to the spouse of a woman is, where the woman has a lawful spouse but is living with another person as that person's partner on a genuine domestic basis, to be construed as a reference to the person with whom she is living and not the lawful spouse.
	(3)	For the purposes of this Part, a reference to the partner of a person in respect of a qualifying relationship means the partner comprising part of that qualifying relationship.
10B—Application of Part
	(1)	Subject to this section, this Part applies—
	(a)	in respect of a fertilisation procedure carried out before or after the commencement of the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Act 2009 either within or outside the State; and
	(b)	in respect of a child born before or after commencement of the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Act 2009 either within or outside the State.
	(3)	Nothing in this Part affects the vesting of property in possession or in interest before the commencement of the Family Relationships Act Amendment Act 1984.
10C—Rules relating to parentage
	(1)	A woman who gives birth to a child is, for the purposes of the law of the State, the mother of the child (whether the child was conceived by the fertilisation of an ovum taken from that woman or another woman).
	(2)	If—
	(a)	a woman becomes pregnant in consequence of a fertilisation procedure; and
	(b)	the ovum used for the purposes of the procedure was taken from another woman,
then, for the purposes of the law of the State, the woman from whom the ovum was taken will be taken not to be the mother of any child born as a result of the pregnancy.
	(3)	If a woman who is legally married or in a qualifying relationship undergoes, with the consent of her spouse or partner (as the case requires), a fertilisation procedure in consequence of which she becomes pregnant, then, for the purposes of the law of the State, the spouse or partner—
	(a)	will be conclusively presumed to have caused the pregnancy; and
	(b)	will be taken to be—
	(i)	in the case of a male spouse or partner—the father; or
	(ii)	in any other case—a co‑parent,
of any child born as a result of the pregnancy.
	(4)	If—
	(a)	a woman becomes pregnant in consequence of a fertilisation procedure; and
	(b)	a man (not being the woman's spouse or, if she is in a qualifying relationship, her partner) produced sperm used for the purposes of the procedure,
then, for the purposes of the law of the State, the man—
	(c)	will be conclusively presumed not to have caused the pregnancy; and
	(d)	will be taken not to be the father of any child born as a result of the pregnancy.
	(5)	If a woman becomes pregnant in consequence of a fertilisation procedure using the semen of a man—
	(a)	who has died; and
	(b)	who, immediately before his death, was the woman's spouse, or was living with the woman in a qualifying relationship; and
	(c)	who had consented to the use of the semen for the purposes of the fertilisation procedure,
the man—
	(d)	will be conclusively presumed to have caused the pregnancy; and
	(e)	will be taken to be the father of any child born as a result of the pregnancy.
	(6)	For the purposes of this section, a woman's spouse, or partner with whom she is in a qualifying relationship, will, in the absence of proof to the contrary, be presumed to have consented to the woman undergoing a fertilisation procedure.
	(7)	This section applies in relation to a child regardless of when the child was born.
	(8)	However, nothing in this section prevents a person becoming the mother, father or co‑parent of a child in accordance with another provision of this Act, or any other Act or law.
Example—
An order may be made by the Court under Part 2B Division 3 of this Act.
10EA—Court order relating to paternity
	(1)	This section applies to a child if—
	(a)	the child is domiciled in this State; and
	(b)	the child was conceived as a result of a fertilisation procedure carried out in this State; and
	(c)	1 or more of the following applies:
	(i)	the paternity of the child is not able to be determined by the operation of section 10C;
	(ii)	the operation of section 10C(4) does not reflect the wishes of both the provider of the sperm used for the purposes of the fertility procedure (the sperm provider) and the mother of the child;
	(iii)	the fertility procedure was carried out in any other circumstances brought within the ambit of this paragraph by the regulations.
	(2)	The Court may, in relation to a child to which this section applies and on the application of the sperm provider in respect of the child, make an order under this section.
	(3)	However, the Court must not make an order under this section unless satisfied that both the mother and the sperm provider freely, and with a full understanding of what is involved, agree to the making of the order.
	(4)	The Court must, in deciding whether to make an order under this section, regard the welfare of the child as the paramount consideration.
	(5)	In deciding whether to make an order under this section, the Court may take into account anything it considers relevant.
	(6)	If the Court makes an order under this section, the effect of the order will be as follows:
	(a)	for the purposes of the law of the State, the person specified by the Court—
	(i)	will be conclusively presumed to have caused the pregnancy; and
	(ii)	will be taken to be the father of any child born as a result of the pregnancy;
	(b)	the relationships of all other persons to the child will be determined according to the operation and effect of paragraph (a).
	(7)	If the Court makes an order under this section, the Court may make any other ancillary order the Court thinks fit.
	(8)	In this section—
Court means the Youth Court of South Australia constituted of the Judge of the Court or a magistrate.

Part 2B—Surrogacy
Division 1—Interpretation
10F—Interpretation
In this Part—
commissioning parents, in respect of a recognised surrogacy agreement, means the 2 persons to whom custody of any child to whom the agreement relates is, or is to be, surrendered;
prescribed international surrogacy agreement means—
	(a)	a surrogacy agreement (however described) under a law of another country that is declared by the regulations to be a prescribed international surrogacy agreement; or
	(b)	a surrogacy agreement (however described) relating to surrogacy arrangements between commissioning parents resident in this State and a person resident in another country and approved by the Minister for the purposes of this paragraph;
recognised surrogacy agreement means a recognised surrogacy agreement under section 10HA(2) and includes, for the purposes of Division 3—
	(a)	a surrogacy agreement (however described) entered into in accordance with a prescribed corresponding law of the Commonwealth, or of another State or Territory; and
	(b)	a prescribed international surrogacy agreement;
registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;
State Framework for Altruistic Surrogacy or Framework means the State Framework for Altruistic Surrogacy prepared under section 10FA, as in force from time to time;
surrogacy contract means a contract under which—
	(a)	a person agrees—
	(i)	to become pregnant or to seek to become pregnant; and
	(ii)	to surrender custody of, or rights in relation to, a child born as a result of the pregnancy; or
	(b)	a person who is already pregnant agrees to surrender custody of, or rights in relation to, a child born as a result of the pregnancy,
but does not include a contract that forms part of, or relates to, a recognised surrogacy agreement or proposed recognised surrogacy agreement;
surrogate mother, in respect of a recognised surrogacy agreement, means the woman who will, or will seek to, become pregnant for the purposes of the agreement;
valuable consideration, in relation to a contract, means consideration consisting of money or any other kind of property that has a monetary value.

Division 1A—State Framework for Altruistic Surrogacy and Surrogate Register
10FA—State Framework for Altruistic Surrogacy
	(1)	There is to be a State Framework for Altruistic Surrogacy.
	(2)	The Framework is to be prepared by the Minister in accordance with this section.
	(3)	The Framework must contain the following information:
	(a)	information setting out the effect of this Part generally and, in particular, the effect of section 10HA(2);
	(b)	information setting out the circumstances in which a person can lawfully arrange, or contribute to arranging, a recognised surrogacy agreement on behalf of another;
	(c)	information relating to conditions that must be satisfied before the Minister will approve a prescribed international surrogacy agreement for the purposes of this Part;
	(d)	information setting out the circumstances in which a person can advertise for the services of a surrogate mother;
	(e)	the information required under section 10FB(2);
	(f)	the information required under section 10HA(2)(b)(xi);
	(g)	information explaining the relationship between this Part and the Assisted Reproductive Treatment Act 1988 and, in particular, how in vitro fertilisation procedures under that Act are, or are not, able to be provided in respect of altruistic surrogacy;
	(h)	any other information required by the regulations,
and may contain such other information as the Minister thinks fit.
	(4)	The Minister must, in preparing the Framework—
	(a)	consult with—
	(i)	the Australian Medical Association Limited; and
	(ii)	the Law Society of South Australia; and
	(iii)	medical practitioners of a class determined by the Minister to whom the administration of the Health Care Act 2008 is committed for the purposes of this paragraph; and
	(iv)	any other person or body prescribed by the regulations,
and may consult with any other person or body that the Minister thinks appropriate; and
	(b)	ensure an appropriate focus on the needs of any children born as a consequence of recognised surrogacy agreements; and
	(c)	call for public submissions in accordance with the scheme set out in the regulations; and
	(d)	comply with any requirements set out in the regulations relating to the preparation of the Framework.
	(5)	The Minister may, from time to time, vary or substitute the Framework.
	(6)	The Framework, and any variation or substitution of the Framework, has effect from the time it is published in the Gazette by the Minister.
	(7)	The Minister must—
	(a)	cause the Framework, as in force from time to time, to be published on a website determined by the Minister; and
	(b)	ensure that copies of the Framework are reasonably available for inspection (without charge) and purchase by the public at a place or places determined by the Minister.
	(8)	The Minister must, at least once in every 3 year period, review the Framework to ensure it remains consistent with community standards.
10FB—Surrogate Register
	(1)	The Minister must establish a register (the Surrogate Register) of women who are willing to act as a surrogate mother within the meaning of section 10HA.
	(2)	The Surrogate Register must be kept and maintained in accordance with the State Framework for Altruistic Surrogacy.
	(3)	A woman cannot apply for registration on the Surrogate Register unless—
	(a)	she is 18 years of age or older; and
	(b)	she is resident and domiciled in the State; and
	(c)	she is a permanent resident of Australia; and
	(d)	she satisfies any other requirement set out in the regulations for the purposes of this subsection.
	(4)	The Surrogate Register is not available for public inspection.
	(5)	The regulations may make further provisions in relation to the Surrogate Register (including, to avoid doubt, provisions relating to inspection of the Surrogate Register by specified persons, or persons of a specified class).

Division 2—Certain contracts and activities relating to surrogacy illegal
10G—Illegality of surrogacy contracts
	(1)	A surrogacy contract is illegal and void.
10H—Offences
	(1)	Except as authorised by or under this Act or the State Framework for Altruistic Surrogacy, a person who, for valuable consideration, negotiates, arranges or obtains the benefit of a surrogacy contract on behalf of another is guilty of an offence.
Maximum penalty: Imprisonment for 12 months.
	(2)	A person who, for valuable consideration, induces another to enter into a surrogacy contract is guilty of an offence.
Maximum penalty: Imprisonment for 12 months.
	(3)	For the purposes of subsections (1) and (2), the prosecution need not prove that—
	(a)	a surrogacy contract was, in fact, entered; or
	(b)	a woman became pregnant, or a child born, pursuant to a surrogacy contract.

Division 3—Lawful surrogacy under recognised agreements
Subdivision 1—Recognised surrogacy agreements
10HA—Recognised surrogacy agreements
	(1)	In this section, unless the contrary intention appears—
fertilisation procedure has the same meaning as in Part 2A;
human reproductive material means—
	(a)	human semen; or
	(b)	a human ovum;
husband has the same meaning as under Part 2A;
lawyer means a person who is admitted as a barrister and solicitor of the Supreme Court and holds a current practising certificate;
lawyer's certificate means a certificate signed by a lawyer, and endorsed on an agreement, certifying that—
	(a)	the lawyer explained the legal implications of the agreement to a party to the agreement named in the certificate; and
	(b)	the party signed the agreement in the lawyer's presence;
married woman has the same meaning as under Part 2A;
medical practitioner means a legally qualified medical practitioner;
Minister means the Minister for Families and Communities.
	(2)	A recognised surrogacy agreement is an agreement—
	(a)	under which a surrogate mother agrees—
	(i)	to become pregnant or to seek to become pregnant; and
	(ii)	to surrender custody of, and rights in relation to, a child born as a result of the pregnancy to another party to the agreement; and
	(b)	which complies with the conditions set out below.
	(2a)	For the purposes of subsection (2)(b), the conditions with which a recognised surrogacy agreement must comply are as follows:
	(a)	the only parties to the agreement are—
	(i)	the surrogate mother (and, if she is a married woman, her husband); and
	(ii)	the commissioning parents;
	(b)	each of the parties to the agreement must be at least 18 years old;
	(c)	both of the commissioning parents must be domiciled in this State;
	(d)	the commissioning parents—
	(i)	must be legally married or in a registered relationship; or
	(ii)	must have lived together continuously in a marriage‑like relationship (irrespective of their sex or gender identity)—
	(A)	for the period of 3 years immediately preceding the date of the agreement; or
	(B)	for periods aggregating not less than 3 years during the period of 4 years immediately preceding the date of the agreement;
	(e)	either—
	(i)	it appears to be unlikely in the circumstances that a commissioning parent would become pregnant, or be able to carry a pregnancy or give birth (whether because of infertility, other medical reasons, risk to an unborn child or for some other reason); or
	(ii)	there appears to be a risk that a serious genetic defect, serious disease or serious illness would be transmitted to a child born to a commissioning parent; or
	(iii)	there appears to be a risk that becoming pregnant or giving birth to a child would result in physical harm to a female commissioning parent (being harm of a kind, or of a severity, unlikely to be suffered by females becoming pregnant or giving birth generally);
	(f)	the surrogate mother must have been assessed by and approved as a surrogate by a counselling service—
	(i)	that is accredited for the purposes of this paragraph in accordance with the regulations; and
	(ii)	in accordance with any relevant guidelines published by the National Health and Medical Research Council; and
	(iii)	in accordance with any other requirement that may be prescribed by the regulations for the purposes of this paragraph;
	(g)	each of the following persons must be issued with a certificate by a counselling service that complies with the requirements of subsection (3):
	(i)	the surrogate mother and her husband or partner (if any);
	(ii)	the commissioning parents;
	(h)	the agreement must state that the parties intend that—
	(i)	the pregnancy is to be achieved by the use of a fertilisation procedure carried out in this State; and
	(ii)	subject to the issue of a certificate under subsection (5)—human reproductive material with respect to creating an embryo for the purposes of the pregnancy will be provided by at least 1 of the commissioning parents;
	(i)	the agreement must state that no valuable consideration is payable under, or in respect of, the agreement, other than for expenses connected with or consisting of—
	(i)	a pregnancy (including any attempt to become pregnant) that is the subject of the agreement; or
	(ii)	the birth or care of a child born as a result of that pregnancy; or
	(iii)	counselling or medical services provided in connection with the agreement (including after the birth of a child); or
	(iv)	legal services provided in connection with the agreement (including after the birth of a child); or
	(v)	reasonable out of pocket expenses incurred by the surrogate mother in respect of the agreement; or
	(vi)	any other matter prescribed by the regulations for the purposes of this provision;
	(j)	the agreement must state that the parties intend that the commissioning parents will apply for an order under section 10HB after the child is born;
	(k)	the agreement must state that the commissioning parents will, in accordance with any requirements in the State Framework for Altruistic Surrogacy, take reasonable steps to ensure that the surrogate mother and her husband or partner (if any) are offered counselling (at no cost to the surrogate mother or her husband or partner) after the birth of a child to which the agreement relates (including, to avoid doubt, a still‑birth).
	(3)	For the purposes of paragraph (g) of subsection (2a), a certificate complies with the requirements of this subsection if—
	(a)	the certificate is issued by a counselling service that is accredited for the purposes of this subsection in accordance with the regulations; and
	(ab)	the counselling provided to each person referred to in that paragraph must, unless it is not reasonably practicable to do so, be provided by the same counsellor; and
Note—
Examples where it might not be reasonably practicable to do so would include where the counsellor has a conflict of interest with one of the parties, or is unavailable due to illness.
	(ac)	except as contemplated by paragraph (ab), the counselling must be consistent with—
	(i)	any guidelines related to such counselling published by the Australian and New Zealand Infertility Counsellors Association; and
	(ii)	any relevant guidelines published by the National Health and Medical Research Council; and
	(b)	the certificate states—
	(i)	that the person to whom it relates has received counselling about personal and psychological issues that may arise in connection with a surrogacy arrangement; and
	(ii)	that, in the opinion of the counsellor who undertook the counselling, the proposed recognised surrogacy agreement would not jeopardise the welfare of any child born as a result of the pregnancy that forms the subject of the agreement.
	(5)	For the purposes of subsection (2a)(h)(ii), a certificate issued under this subsection—
	(a)	must be issued by a medical practitioner; and
	(b)	must relate to the persons who are seeking to be commissioning parents under the relevant agreement; and
	(c)	must state that, in the opinion of the medical practitioner—
	(i)	both prospective commissioning parents appear to be infertile; or
	(ii)	there is a medical reason why it would be preferable not to use human reproductive material provided by the prospective commissioning parents to create an embryo for the purposes of achieving a pregnancy.
	(6)	In addition, in order for an agreement to be taken to be a recognised surrogacy agreement—
	(a)	the relevant terms of the agreement (as envisaged by the preceding subsections) must be set out in a written agreement; and
	(b)	the written agreement must be signed by each party to the agreement; and
	(c)	the signatures of each party must be attested by a lawyer's certificate and the certificate with respect to the surrogate mother (and, if relevant, her husband or partner) must be given by a lawyer who is independent of a lawyer who gives a certificate with respect to either or both of the commissioning parents.
	(7)	An agreement or certificate under this section must comply with any other requirement prescribed by the regulations.
10HAB—Medical decisions affecting surrogate mother or child
	(1)	For the purposes of this Act, the Consent to Medical Treatment and Palliative Care Act 1995 and any other Act or law, a question relating to any medical treatment to be provided to a surrogate mother or an unborn child to which a recognised surrogacy agreement relates (including, to avoid doubt, a question relating to who can consent to such treatment, whether or not it relates to the pregnancy) is to be determined as if the recognised surrogacy agreement did not exist.
	(2)	Nothing in this section limits the operation of an advance care directive under the Advance Care Directives Act 2013.
Subdivision 2—Orders
10HB—Orders as to parents of child born under recognised surrogacy arrangements
	(1)	In this section—
birth parent, of a child, means—
	(a)	the woman who gave birth to the child; or
	(b)	a man (if any) who is the father of the child under another Part of this Act (the birth father);
birth sibling, of a child, means a brother or sister of the child who is born as a result of the same pregnancy as the child;
Court means the Youth Court of South Australia constituted of the Judge of the Court or a magistrate.
	(2)	This section applies to a child if—
	(a)	the child was born under the terms of a recognised surrogacy agreement; and
	(b)	the commissioning parents under the surrogacy agreement are domiciled in this State.
	(3)	An application may be made to the Court for an order under this section in relation to a child.
	(4)	The application may be made by either or both of the commissioning parents.
	(5)	The application may only be made when the child is between the ages of 4 weeks and 6 months.
	(6)	In deciding an application under this section, the welfare of the child must be regarded as the paramount consideration.
	(7)	In addition to being satisfied as to the matters referred to above (including as to the validity of the relevant agreement as a recognised surrogacy agreement), the Court must not make an order under this section unless it is satisfied that the surrogate mother freely, and with a full understanding of what is involved, agrees to the making of the order.
	(8)	However, the Court may dispense with the requirement under subsection (7)—
	(a)	if satisfied that the surrogate mother is dead or incapacitated; or
	(b)	if satisfied that the applicants cannot contact the surrogate mother after making reasonable inquiries; or
	(c)	in any other circumstances prescribed by the regulations.
	(9)	In deciding whether to make an order under this section, the Court must also take into account the following, if relevant:
	(a)	whether the child's home is, and was at the time of the application, with both commissioning parents;
	(b)	if only 1 of the commissioning parents has applied for the order, and the other commissioning parent is alive at the time of the application, whether—
	(i)	the other commissioning parent freely, and with a full understanding of what is involved, agrees to the making of an order in favour of the applicant commissioning parent; or
	(ii)	the applicant commissioning parent cannot, after making reasonable inquiries, contact the other commissioning parent to obtain his or her agreement under subparagraph (i);
	(c)	whether valuable consideration (other than as is authorised under section 10HA(2a)(i)) has been given or received by either of the commissioning parents, or either of the child's birth parents, for or in consideration of—
	(i)	the making of the order; or
	(ii)	the handing over of the child to the commissioning parents; or
	(iii)	the making of any arrangements with a view to the making of the order;
	(d)	any submission made to the Court by, or on behalf of, the birth father.
	(10)	The Court must also decide whether, in the opinion of the Court, the commissioning parents are fit and proper persons to assume the role of parents of the child.
	(11)	The Court may take into account anything else it considers relevant.
	(12)	The Court may, before deciding whether to make an order under this section, require any party to the proceedings to provide an assessment from a counselling service (obtained at the expense of the commissioning parents) in relation to the matter.
	(13)	If the Court makes an order under this section, the effect of the order for the purposes of the laws of the State will be as follows:
	(a)	the relationship between the child and the commissioning parent or each commissioning parent (as specified under the terms of the order) is to be treated as being that of child and parent;
	(b)	the relationship between the child and any birth parent is to be treated as not being that of child and parent; and
	(c)	the relationships of all other persons to the child are to be determined according to the operation and effect of paragraphs (a) and (b).
	(14)	In the making of an order under this section in relation to a child, the child has as his or her name such name as the Court, on the application of either or both of the commissioning parents, approves in the order.
	(15)	Subsection (14) does not prevent a name of a child being later changed in accordance with another law of the State.
	(16)	If an order is made under this section, an appointment existing at the time the order is made of a person as the guardian of the child ceases to have effect.
	(17)	If a child in relation to whom an application for an order has been made under this section has a living birth sibling—
	(a)	the application will be taken to relate to the child and the birth sibling; and
	(b)	the Court may only make an order about the child if it makes a comparable order (in all respects apart from any given name or names) about the birth sibling; and
	(c)	this section will apply to the birth sibling in the same way as it applies to the child.
10HC—Ability to discharge an order
	(1)	Terms used in this section have meanings consistent with the meanings they have in section 10HB.
	(2)	The Court may, if satisfied as described in subsection (3), make an order discharging an order under section 10HB on receiving an application to do so from—
	(a)	the Attorney‑General; or
	(b)	the chief executive of the administrative unit principally assisting in the administration of the Adoption Act 1988.
	(3)	On an application under subsection (2), the Court may make an order discharging an order under section 10HB if it is satisfied that—
	(a)	the original order was obtained by fraud, duress or other improper means; or
	(b)	a consent relied on for the making of the original order was not an effective consent because it was obtained by fraud, duress or material inducement; or
	(c)	there is an exceptional reason why the original order should be discharged.
	(4)	In the making of an order under this section in relation to a child, the Court is to declare the name by which the child is to be known, having regard to the principle that the child's first name should not be changed by the order except in exceptional circumstances.
	(5)	Subsection (4) does not prevent a name of a child being later changed in accordance with another law of the State.
	(6)	The Court is not to make an order under this section unless—
	(a)	to do so would be for the welfare and best interests of the child who would be affected by the order; and
	(b)	the Court is satisfied that reasonable efforts have been made to give notice of the application to—
	(i)	each of the birth parents of the child; and
	(ii)	each of the commissioning parents; and
	(iii)	if the Court considers it appropriate having regard to the child's age, the child.
	(7)	Any person may apply for leave to intervene in an application under this section and the Court may make an order entitling the person to intervene in the application.
	(8)	A person who is permitted under subsection (7) to intervene in an application under this section is to be treated as a party to the application with all the rights, duties and liabilities of a party, unless the Court orders otherwise.
	(9)	If an order is made under this section, the Court may make any consequential or ancillary order it thinks fit in the interests of justice or for the welfare and in the best interests of the child to whom the order relates, including any order relating to—
	(a)	the ownership or possession of property; or
	(b)	any matter affecting the child in relation to the duties, powers, responsibilities and authority which, by law, parents have in relation to children; or
	(c)	the domicile of the child.
	(10)	If an order is made under this section, the rights, duties and relationships under the law of the State are to be as if the original order had not been made.
	(11)	Subsection (10)—
	(a)	does not apply to the extent that its application would be inconsistent with any order made under subsection (9); and
	(b)	does not affect—
	(i)	anything lawfully done; or
	(ii)	the consequences of anything lawfully done; or
	(iii)	any proprietary right or interest that became vested in any person,
while the original order was in force.
10HD—Court to notify Registrar of Births, Deaths and Marriages
	(1)	The Registrar of the Youth Court of South Australia is to give to the Registrar of Births, Deaths and Marriages written notice of the particulars described in subsection (2) if the Court makes an order under section 10HB or 10HC.
	(2)	The particulars of which notice has to be given are—
	(a)	the date of the order; and
	(b)	the full name, address and occupation of each of the birth parents; and
	(c)	the full name, address and occupation of each of the commissioning parents; and
	(d)	the name by which the child to whom the order relates is known before, and is to be known after, the order becomes effective; and
	(e)	details of the date and place of birth of the child; and
	(f)	if relevant, the terms of any consequential or ancillary order made under section 10HC(9); and
	(g)	any particulars prescribed by the regulations; and
	(h)	if available, any other information required by the Registrar of Births, Deaths and Marriages in relation to registration under the Births, Deaths and Marriages Registration Act 1996 of the birth of the child to whom the order relates.
10HE—Access to Court records
Except as authorised by the Youth Court of South Australia, the records of proceedings for an order under section 10HB or 10HC will not be open to inspection.
10HF—Finality of orders
An order under section 10HB cannot be appealed against, reviewed, called into question, or affected by any court, on any account, except under section 10HC.
Subdivision 3—Related matters
10HG—Power of court to cure irregularities
	(1)	In this section—
Court means the Youth Court of South Australia constituted of the Judge of the Court or a magistrate.
	(2)	If the Court, on application under this section, is satisfied—
	(a)	that—
	(i)	there has been a failure to comply with a requirement under this Division with respect to any matter associated with an agreement intended to be a recognised surrogacy agreement; or
	(ii)	there is a matter arising under this Division that a person cannot reasonably satisfy or achieve; and
	(b)	that in the circumstances of the particular case it would be a just and appropriate course of action for the Court to exercise the powers conferred by this section,
the Court may excuse the failure or excuse compliance with the matter by ordering that, subject to such conditions as may be stipulated by the Court, the requirement or the matter (as the case requires) be dispensed with (to the necessary extent).
	(3)	An order under subsection (2) may have effect for the purposes of any Act or law that may be connected to the status or operation of recognised surrogacy agreements or to the operation of this Division.
10HH—Ministerial power of delegation
	(1)	The Minister may delegate to a person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Division.
	(2)	A delegation under this section—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the ability of the Minister to act in any matter; and
	(d)	is revocable at will.

Division 4—Interaction with other laws
10I—Interaction with other laws
This Part does not affect the operation of any law relating to the guardianship or adoption of children.

Part 3—Domestic partners
11—Interpretation
In this Part—
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their sex or gender identity) who live together as a couple on a genuine domestic basis, but does not include—
	(a)	the relationship between a legally married couple; or
	(b)	a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind.
Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act.
11A—Domestic partners
A person is, on a certain date, the domestic partner of another if—
	(a)	the person is, on that date, in a registered relationship with the other; or
	(b)	the person is, on that date, living with the other in a close personal relationship and—
	(i)	the person—
	(A)	has so lived with the other continuously for the period of 3 years immediately preceding that date; or
	(B)	has during the period of 4 years immediately preceding that date so lived with the other for periods aggregating not less than 3 years; or
	(ii)	a child, of whom the 2 persons are the parents, has been born (whether or not the child is still living at that date).
11B—Declaration as to domestic partners (other than domestic partners in registered relationship)
	(1)	Subject to subsection (3), a person whose rights or obligations depend on whether—
	(a)	the person and another person; or
	(b)	2 other persons,
were, on a certain date, domestic partners 1 of the other may apply to the Court for a declaration under this section.
	(2)	If, on an application, the Court is satisfied that—
	(a)	the persons in relation to whom the declaration is sought were, on the date in question, domestic partners within the meaning of section 11A; or
	(b)	in any other case—
	(i)	the persons in relation to whom the declaration is sought were, on the date in question, living together in a close personal relationship; and
	(ii)	the interests of justice require that such a declaration be made,
the Court must declare that the persons were, on the date in question, domestic partners 1 of the other.
	(2a)	This section does not apply to domestic partners who are in a registered relationship who may provide evidence that they were, on a certain date, in the registered relationship by producing a certificate issued by the Registrar of Births, Deaths and Marriages under section 21 of the Relationships Register Act 2016.
	(3)	When considering whether to make a declaration under this section, the Court must take into account all of the circumstances of the relationship between the persons in relation to whom the declaration is sought, including any 1 or more of the following matters as may be relevant in a particular case:
	(a)	the duration of the relationship;
	(b)	the nature and extent of common residence;
	(c)	the degree of financial dependence and interdependence, or arrangements for financial support;
	(d)	the ownership, use and acquisition of property;
	(e)	the degree of mutual commitment to a shared life;
	(f)	any domestic partnership agreement made under the Domestic Partners Property Act 1996;
	(fa)	any Part VIIIAB financial agreement made under the Family Law Act 1975 of the Commonwealth;
	(g)	the care and support of children;
	(h)	the performance of household duties;
	(i)	the reputation and public aspects of the relationship.
	(4)	A declaration may be made—
	(a)	whether or not 1 or both of the persons in relation to whom the declaration is sought are, or ever have been, domiciled in this State; or
	(b)	despite the fact that 1 or both of them are dead.
	(5)	It must not be inferred from the fact that the Court has declared that 2 persons were domestic partners 1 of the other, on a certain date, that they were domestic partners as at any prior or subsequent date.
	(6)	For the purpose of determining whether a person was, on a certain date, the domestic partner of another, circumstances occurring before or after the commencement of this Part may be taken into account.

Part 4—Miscellaneous
12—Protection of administrators etc
	(1)	Where a person has an interest in property by reason of a relationship recognised under the law of this State by virtue of this Act—
	(a)	no action shall lie against an administrator or trustee of the property by virtue of any distribution of, or dealing with, the property made without actual notice of the relationship; and
	(b)	where any person has taken a beneficial interest in the property, his interest shall be undisturbed unless he took the interest with prior actual notice of the relationship.
	(2)	Where a person claims an interest in property by reason of a relationship that would be recognised under the law of this State if it were adjudged, in pursuance of the provisions of this Act, to exist, or to have existed, an administrator or trustee of the property may by notice in writing require that person to take proceedings under this Act seeking the appropriate declaration, and if that person fails to commence such proceedings within three months after being served personally or by post with that notice, then—
	(a)	no action shall lie against the administrator or trustee of the property by reason of any distribution of, or dealing with, the property made on the assumption that the relationship does not exist; and
	(b)	where any person has taken a beneficial interest in the property, his interest shall be undisturbed.
13—Confidentiality of proceedings
	(1)	Protected information is information relating to an application under this Act (including images) that identifies, or may lead to the identification of—
	(a)	an applicant; or
	(b)	a person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the application relates; or
	(c)	a witness in the hearing of the application.
	(2)	A person who publishes protected information is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
	(3)	A person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
	(4)	This section does not apply to—
	(a)	the publication or disclosure of material—
	(i)	by a court or an employee of the Courts Administration Authority (so long as such publication or disclosure is made in connection with the administrative functions of the court); or
	(ii)	for purposes associated with the administration of this Act or another Act relevant to the application; or
	(b)	the publication in printed or electronic form of material that—
	(i)	consists solely or primarily of the reported judgments or decisions of a court; or
	(ii)	is of a technical nature designed primarily for use by legal practitioners.
	(5)	In this section—
newspaper means a newspaper, journal, magazine or other publication that is published at periodic intervals;
publish means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.
14—Claim under this Act may be brought in the course of other proceedings
	(1)	Where—
	(a)	a person desires to institute proceedings in a court; and
	(b)	it is necessary for the purposes of those proceedings to establish under this Act that a certain relationship exists,
he may commence the proceedings in the usual way, but he must endorse on the process by which the proceedings are instituted a statement to the effect that he seeks a declaration under this Act of a specified relationship.
	(2)	In any such proceedings, there shall be, unless a court otherwise determines, a separate trial of any issues arising under this Act.
15—Regulations
	(1)	The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
	(2)	Without limiting the generality of subsection (1), the regulations may—
	(a)	make provisions of a savings or transitional nature consequent on the amendment of this Act by another Act or the commencement of specified regulations under this Act;
	(b)	incorporate or operate by reference to a specified code or standard as in force at a specified time or as in force from time to time;
	(c)	fix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;
	(d)	impose a penalty, not exceeding a fine of $10 000, for contravention of, or non‑compliance with, a regulation;
	(e)	fix expiation fees, not exceeding $315, for alleged offences against the regulations.
	(3)	The regulations may—
	(a)	be of general application or limited application;
	(b)	make different provision according to the matters or circumstances to which they are expressed to apply;
	(c)	provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister.
	(4)	If a code or standard is referred to or incorporated in the regulations—
	(a)	a copy of the code or standard must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and
	(b)	evidence of the contents of the code or standard may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code or standard.

Schedule 1—Transitional provisions
1—Transitional provisions (Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019)
	(1)	A reference to a husband in section 10C(3) as in force immediately before the commencement of the amending Act will, during the prescribed period, be taken to have been a reference to a spouse.
	(2)	To avoid doubt, a partner of a woman who was taken to be a father or co‑parent of a child born as a result of the woman's pregnancy in consequence of a fertilisation procedure under section 10C(3a) as in force immediately before the commencement of the amending Act will continue to be taken to be the father or co‑parent (as the case may be) of that child notwithstanding the repeal of section 10C(3a) by the amending Act.
	(3)	A female spouse or partner of a surrogate mother may only be a party to a recognised surrogacy agreement for the purposes of section 10HA(2a)(a)(i) as amended by the amending Act if that agreement was entered into after the commencement of this clause.
	(4)	In this section—
amending Act means the Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019;
prescribed period means the period commencing on the recognition day and ending on the day before the amending Act commenced;
recognition day means the day on which Part 1 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 of the Commonwealth commenced.

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	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	Family Relationships Act 1975	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)	
2012	22	Family Relationships (Surrogacy) Amendment Act 2012	7.6.2012	7.6.2012	
2015	15	Family Relationships (Surrogacy) Amendment Act 2015	16.7.2015	Pt 2 (ss 3—9)—16.7.2015	
2016	30	Family Relationships (Parentage Presumptions) Amendment Act 2016	23.6.2016	Pt 2 (s 4)—23.9.2016: s 2	
2016	32	Statutes Amendment (Youth Court) Act 2016	30.6.2016	Pt 6 (ss 23—25)—1.1.2017 (Gazette 8.12.2016 p4903)	
2016	35	Statutes Amendment (Gender Identity and Equity) Act 2016	4.8.2016	Pt 8 (s 33)—8.9.2016 (Gazette 8.9.2016 p3676)	
2017	6	Statutes Amendment (Surrogacy Eligibility) Act 2017	15.3.2017	Pt 4 (ss 9—13)—21.3.2017 (Gazette 21.3.2017 p926)	
2017	13	Statutes Amendment (Registered Relationships) Act 2017	26.4.2017	Pt 2 (ss 4—6)—1.8.2017 (Gazette 1.8.2017 p3039)	
2019	31	Surrogacy Act 2019	7.11.2019	Sch 1 (cll 8 to 11)—1.9.2020 (Gazette 18.6.2020 p3392	
2019	46	Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019	19.12.2019	Pt 7 (ss 15 to 17 & 19)—1.7.2020; s 18 immediately before Sch 1 (cl 10) of 31/2019—uncommenced (Gazette 30.4.2020 p838)	
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	
child born outside marriage	substituted by 102/1984 s 4(a)	14.2.1985	
co-parent	inserted by 22/2011 s 4(1)	15.12.2011	
the Court	deleted by 43/2006 s 4	1.6.2007	
Court	inserted by 43/2006 s 4	1.6.2007	
domestic partner	inserted by 22/2011 s 4(2)	15.12.2011	
father	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	
	amended by 46/2019 s 15(1)—(3)	1.7.2020	
s 8(2)	inserted by 22/2011 s 6(2)	15.12.2011	
	substituted by 46/2019 s 15(4)	1.7.2020	
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	
	amended by 31/2019 Sch 1 cl 8	1.9.2020—not incorporated	
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)			
fertilisation procedure	substituted by 2/1988 s 4	7.4.1988	
	substituted by 43/2009 Sch 1 cl 2	1.9.2010	
married woman or wife	deleted by 46/2019 s 16(1)	1.7.2020	
qualifying relationship	inserted by 22/2011 s 9(1)	15.12.2011	
	amended by 35/2016 s 33	8.9.2016	
	substituted by 6/2017 s 9	21.3.2017	
	amended by 46/2019 s 16(2)	1.7.2020	
s 10A(2)	substituted by 46/2019 s 16(3)	1.7.2020	
s 10A(3)	inserted by 22/2011 s 9(2)	15.12.2011	
	amended by 46/2019 s 16(4)	1.7.2020	
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 10C(3)	amended by 46/2019 s 17(1), (2)	1.7.2020	
s 10C(3a)	inserted by 30/2016 s 4	23.9.2016	
	amended by 6/2017 s 10	21.3.2017	
	deleted by 46/2019 s 17(3)	1.7.2020	
s 10C(4)	amended by 46/2019 s 17(4), (5)	1.7.2020	
s 10C(5)	amended by 46/2019 s 17(6)	1.7.2020	
s 10C(6)	amended by 46/2019 s 17(7), (8)	1.7.2020	
s 10D before deletion by 22/2011			
s 10D(3)	inserted by 43/2009 Sch 1 cl 4	1.9.2010	
ss 10D and 10E	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	
s 10EA(7a)	amended by 31/2019 Sch 1 cl 9	1.9.2020—not incorporated	
s 10EA(8)			
Court	amended by 32/2016 s 23	1.1.2017	
Pt 2B	inserted by 2/1988 s 6	7.4.1988	
	deleted by 31/2019 Sch 1 cl 10	1.9.2020—not incorporated	
Pt 2B Div 1			
heading	inserted by 64/2009 s 6	26.11.2010	
s 10F			
commissioning parents	inserted by 15/2015 s 3(1)	16.7.2015	
prescribed international surrogacy agreement	inserted by 15/2015 s 3(1)	16.7.2015	
procuration contract	deleted by 15/2015 s 3(2)	16.7.2015	
recognised surrogacy agreement	inserted by 64/2009 s 7	26.11.2010	
	substituted by 15/2015 s 3(3)	16.7.2015	
registered relationship	inserted by 6/2017 s 11	21.3.2017	
State Framework for Altruistic Surrogacy or Framework	inserted by 15/2015 s 3(4)	16.7.2015	
surrogacy contract	amended by 15/2015 s 3(5)	16.7.2015	
surrogate mother	inserted by 15/2015 s 3(6)	16.7.2015	
Pt 2B Div 1A	inserted by 15/2015 s 4	16.7.2015	
Pt 2B Div 2			
heading	inserted by 64/2009 s 8	26.11.2010	
s 10G			
s 10G(2) and (3)	deleted by 15/2015 s 5	16.7.2015	
s 10G(4)	inserted by 64/2009 s 9	26.11.2010	
	deleted by 15/2015 s 5	16.7.2015	
s 10H	substituted by 15/2015 s 6	16.7.2015	
Pt 2B Div 3	inserted by 64/2009 s 10	26.11.2010	
s 10HA			
s 10HA(1)			
husband	deleted by 46/2019 s 18(1)	uncommenced—not incorporated	
married woman	deleted by 46/2019 s 18(2)	uncommenced—not incorporated	
Minister	deleted by 46/2019 s 18(3)	uncommenced—not incorporated	
prescribed relative	deleted by 15/2015 s 7(1)	16.7.2015	
qualifying relationship	inserted by 46/2019 s 18(3)	uncommenced—not incorporated	
s 10HA(1a)	inserted by 46/2019 s 18(4)	uncommenced—not incorporated	
s 10HA(2)	amended by 22/2012 s 3	7.6.2012	
	amended by 15/2015 s 7(2)—(7)	16.7.2015	
	substituted by 6/2017 s 12(1)	21.3.2017	
s 10HA(2a)	inserted by 6/2017 s 12(1)	21.3.2017	
	amended by 46/2019 s 18(5)—(8)	uncommenced—not incorporated	
s 10HA(3)	amended by 15/2015 s 7(8), (9)	16.7.2015	
	amended by 6/2017 s 12(2), (3)	21.3.2017	
s 10HA(4)	deleted by 15/2015 s 7(10)	16.7.2015	
s 10HA(5)	amended by 6/2017 s 12(4)	21.3.2017	
s 10HA(6)	amended by 6/2017 s 12(5), (6)	21.3.2017	
	amended by 46/2019 s 18(9)	uncommenced—not incorporated	
s 10HAB	inserted by 15/2015 s 8	16.7.2015	
s 10HB			
s 10HB(1)			
commissioning parents	deleted by 15/2015 s 9(1)	16.7.2015	
Court	amended by 32/2016 s 24	1.1.2017	
s 10HB(2)	(c) deleted by 15/2015 s 9(2)	16.7.2015	
s 10HB(9)	amended by 15/2015 s 9(3)	16.7.2015	
	amended by 6/2017 s 13	21.3.2017	
s 10HG(1)			
Court	amended by 32/2016 s 25	1.1.2017	
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 11			
close personal relationship	amended by 13/2017 s 4(1)	1.8.2017	
registered relationship	inserted by 13/2017 s 4(2)	1.8.2017	
s 11A	substituted by 13/2017 s 5	1.8.2017	
s 11B			
s 11B(1)	amended by 13/2017 s 6(1), (2)	1.8.2017	
s 11B(2a)	inserted by 13/2017 s 6(3)	1.8.2017	
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	
Sch 1	inserted by 46/2019 s 19	1.7.2020	
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		
15.12.2011		
7.6.2012		
16.7.2015		
8.9.2016		
23.9.2016		
1.1.2017		
21.3.2017		
1.8.2017