{"id":"family-relationships-act-1975","name":"Family Relationships Act 1975","slug":"family-relationships-act-1975","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32051,"registerId":"sa-family-relationships-act-1975-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Relationships Act 1975","content":"South Australia\nFamily Relationships Act 1975\nAn 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.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tCrown to be bound by this Act\n5\tInterpretation\nPart 2—Children\n6\tAll children of equal status\n7\tRecognition of paternity\n8\tPresumption as to parentage\n9\tDeclaration of parentage\n10\tSaving provision\nPart 2A—Children conceived following fertilisation procedures\n10A\tInterpretation\n10B\tApplication of Part\n10C\tRules relating to parentage\n10EA\tCourt order relating to paternity\nPart 3—Domestic partners\n11\tInterpretation\n11A\tDomestic partners\n11B\tDeclaration as to domestic partners (other than domestic partners in registered relationship)\nPart 4—Miscellaneous\n12\tProtection of administrators etc\n13\tConfidentiality of proceedings\n14\tClaim under this Act may be brought in the course of other proceedings\n15\tRegulations\nSchedule 1—Transitional provisions\n1\tTransitional provisions (Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019)\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Family Relationships Act 1975.\n4—Crown to be bound by this Act\nThis Act binds the Crown.\n5—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nchild born outside marriage includes a child born to a married woman of which a man other than her lawful spouse is the father;\nco-parent, of a child, means a person who is taken to be a co‑parent of the child under Part 2A;\nCourt means the Supreme Court, the District Court or the Magistrates Court;\ndomestic partner—see section 11A;\nfather or natural father, of a child, includes a person who is presumed to be the father of the child under Part 2A;\ninstrument means any instrument that creates, modifies or extinguishes legal or equitable rights, powers or liabilities.\n\t(2)\tA 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).\nPart 2—Children\n6—All children of equal status\n\t(1)\tSubject 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.\n\t(2)\tSubject 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.\n\t(3)\tAn instrument executed before the commencement of this Act shall be construed as if this Act had not been passed.\n\t(4)\tWhenever 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—\n\t(a)\twhether or not any of those persons is, or has ever been, domiciled in this State; and\n\t(b)\twhether or not any of those persons was born, or died, before the commencement of this Act.\n7—Recognition of paternity\nA person shall be recognised as the father of a child born outside marriage only if—\n\t(a)\the 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\n\t(b)\the 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\n\t(c)\the 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\n\t(d)\the has been adjudged under this Act to be the father of the child,\nand no other person is, under this Act, taken to be the father or co‑parent of the child.\n8—Presumption as to parentage\n\t(1)\tSubject 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).\n\t(2)\tIn this section—\nqualifying relationship has the same meaning as in Part 2A.\n9—Declaration of parentage\n\t(1)\tWhere—\n\t(a)\ta female person alleges that a particular person is the father or co-parent of her child; or\n\t(b)\ta person alleges that the relationship of father or co-parent and child exists between that person and another person; or\n\t(c)\ta 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,\nthat 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.\n\t(2)\tA 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.\n\t(3)\tThe 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.\n\t(4)\tWhere 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.\n10—Saving provision\nThis Part does not affect—\n\t(a)\tthe rules under which the domicile of a child is determined; or\n\t(b)\tthe consequences at law or in equity of the adoption of a child made or recognised under the law of this State; or\n\t(c)\tany proceedings under the Community Welfare Act 1972, in which the paternity of a child is in issue; or\n\t(d)\tthe operation of, or the consequences at law or in equity of an order under, Part 2A of this Act.\nPart 2A—Children conceived following fertilisation procedures\n10A—Interpretation\n\t(1)\tIn this Part—\nfertilisation procedure means—\n\t(a)\tassisted insemination (within the meaning of the Assisted Reproductive Treatment Act 1988); or\n\t(b)\tassisted reproductive treatment (within the meaning of the Assisted Reproductive Treatment Act 1988).\nqualifying 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.\n\t(2)\tA 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.\n\t(3)\tFor 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.\n10B—Application of Part\n\t(1)\tSubject to this section, this Part applies—\n\t(a)\tin 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\n\t(b)\tin 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.\n\t(3)\tNothing in this Part affects the vesting of property in possession or in interest before the commencement of the Family Relationships Act Amendment Act 1984.\n10C—Rules relating to parentage\n\t(1)\tA 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).\n\t(2)\tExcept as provided in subsection (5a), if—\n\t(a)\ta woman becomes pregnant in consequence of a fertilisation procedure; and\n\t(b)\tthe ovum used for the purposes of the procedure was taken from another woman,\nthen, 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.\n\t(3)\tIf 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—\n\t(a)\twill be conclusively presumed to have caused the pregnancy; and\n\t(b)\twill be taken to be—\n\t(i)\tin the case of a male spouse or partner—the father; or\n\t(ii)\tin any other case—a co‑parent,\nof any child born as a result of the pregnancy.\n\t(4)\tIf—\n\t(a)\ta woman becomes pregnant in consequence of a fertilisation procedure; and\n\t(b)\ta 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,\nthen, for the purposes of the law of the State, the man—\n\t(c)\twill be conclusively presumed not to have caused the pregnancy; and\n\t(d)\twill be taken not to be the father of any child born as a result of the pregnancy.\n\t(5)\tIf a woman becomes pregnant in consequence of a fertilisation procedure using the semen of a man—\n\t(a)\twho has died; and\n\t(b)\twho, immediately before his death, was the woman's spouse, or was living with the woman in a qualifying relationship; and\n\t(c)\twho had consented to the use of the semen for the purposes of the fertilisation procedure,\nthe man—\n\t(d)\twill be conclusively presumed to have caused the pregnancy; and\n\t(e)\twill be taken to be the father of any child born as a result of the pregnancy.\n\t(5a)\tIf a woman becomes pregnant in consequence of a fertilisation procedure using an ovum from, or an embryo created by using an ovum from, another person—\n\t(a)\twho has died; and\n\t(b)\twho, immediately before their death, was the woman's spouse, or was living with the woman in a qualifying relationship; and\n\t(c)\twho had consented to the use of the ovum or embryo for the purposes of the fertilisation procedure,\nthe deceased person—\n\t(d)\twill be conclusively presumed to have caused the pregnancy; and\n\t(e)\twill be taken to be the co-parent of any child born as a result of the pregnancy.\n\t(6)\tFor 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.\n\t(7)\tThis section applies in relation to a child regardless of when the child was born.\n\t(8)\tHowever, 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.\nExample—\nAn order may be made by the Court under Part 2B Division 3 of this Act.\n10EA—Court order relating to paternity\n\t(1)\tThis section applies to a child if—\n\t(a)\tthe child is domiciled in this State; and\n\t(b)\tthe child was conceived as a result of a fertilisation procedure carried out in this State; and\n\t(c)\t1 or more of the following applies:\n\t(i)\tthe paternity of the child is not able to be determined by the operation of section 10C;\n\t(ii)\tthe 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;\n\t(iii)\tthe fertility procedure was carried out in any other circumstances brought within the ambit of this paragraph by the regulations.\n\t(2)\tThe 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.\n\t(3)\tHowever, 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.\n\t(4)\tThe Court must, in deciding whether to make an order under this section, regard the welfare of the child as the paramount consideration.\n\t(5)\tIn deciding whether to make an order under this section, the Court may take into account anything it considers relevant.\n\t(6)\tIf the Court makes an order under this section, the effect of the order will be as follows:\n\t(a)\tfor the purposes of the law of the State, the person specified by the Court—\n\t(i)\twill be conclusively presumed to have caused the pregnancy; and\n\t(ii)\twill be taken to be the father of any child born as a result of the pregnancy;\n\t(b)\tthe relationships of all other persons to the child will be determined according to the operation and effect of paragraph (a).\n\t(7)\tIf the Court makes an order under this section, the Court may make any other ancillary order the Court thinks fit.\n\t(7a)\tThis section does not apply in relation to a child born as a result of a lawful surrogacy agreement under the Surrogacy Act 2019 (whether or not an order under section 18 of that Act has been, or could be, made in respect of the parentage of the child).\n\t(8)\tIn this section—\nCourt means the Youth Court of South Australia constituted of the Judge of the Court or a magistrate.\nPart 3—Domestic partners\n11—Interpretation\nIn this Part—\nclose 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—\n\t(a)\tthe relationship between a legally married couple; or\n\t(b)\ta 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.\nNote—\nTwo 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.\nregistered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act.\n11A—Domestic partners\nA person is, on a certain date, the domestic partner of another if—\n\t(a)\tthe person is, on that date, in a registered relationship with the other; or\n\t(b)\tthe person is, on that date, living with the other in a close personal relationship and—\n\t(i)\tthe person—\n\t(A)\thas so lived with the other continuously for the period of 3 years immediately preceding that date; or\n\t(B)\thas during the period of 4 years immediately preceding that date so lived with the other for periods aggregating not less than 3 years; or\n\t(ii)\ta child, of whom the 2 persons are the parents, has been born (whether or not the child is still living at that date).\n11B—Declaration as to domestic partners (other than domestic partners in registered relationship)\n\t(1)\tSubject to subsection (3), a person whose rights or obligations depend on whether—\n\t(a)\tthe person and another person; or\n\t(b)\t2 other persons,\nwere, on a certain date, domestic partners 1 of the other may apply to the Court for a declaration under this section.\n\t(2)\tIf, on an application, the Court is satisfied that—\n\t(a)\tthe persons in relation to whom the declaration is sought were, on the date in question, domestic partners within the meaning of section 11A; or\n\t(b)\tin any other case—\n\t(i)\tthe persons in relation to whom the declaration is sought were, on the date in question, living together in a close personal relationship; and\n\t(ii)\tthe interests of justice require that such a declaration be made,\nthe Court must declare that the persons were, on the date in question, domestic partners 1 of the other.\n\t(2a)\tThis 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.\n\t(3)\tWhen 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:\n\t(a)\tthe duration of the relationship;\n\t(b)\tthe nature and extent of common residence;\n\t(c)\tthe degree of financial dependence and interdependence, or arrangements for financial support;\n\t(d)\tthe ownership, use and acquisition of property;\n\t(e)\tthe degree of mutual commitment to a shared life;\n\t(f)\tany domestic partnership agreement made under the Domestic Partners Property Act 1996;\n\t(fa)\tany Part VIIIAB financial agreement made under the Family Law Act 1975 of the Commonwealth;\n\t(g)\tthe care and support of children;\n\t(h)\tthe performance of household duties;\n\t(i)\tthe reputation and public aspects of the relationship.\n\t(4)\tA declaration may be made—\n\t(a)\twhether 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\n\t(b)\tdespite the fact that 1 or both of them are dead.\n\t(5)\tIt 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.\n\t(6)\tFor 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.\nPart 4—Miscellaneous\n12—Protection of administrators etc\n\t(1)\tWhere a person has an interest in property by reason of a relationship recognised under the law of this State by virtue of this Act—\n\t(a)\tno 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\n\t(b)\twhere 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.\n\t(2)\tWhere 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—\n\t(a)\tno 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\n\t(b)\twhere any person has taken a beneficial interest in the property, his interest shall be undisturbed.\n13—Confidentiality of proceedings\n\t(1)\tProtected information is information relating to an application under this Act (including images) that identifies, or may lead to the identification of—\n\t(a)\tan applicant; or\n\t(b)\ta 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\n\t(c)\ta witness in the hearing of the application.\n\t(2)\tA person who publishes protected information is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 1 year.\n\t(3)\tA 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.\nMaximum penalty: $5 000 or imprisonment for 1 year.\n\t(4)\tThis section does not apply to—\n\t(a)\tthe publication or disclosure of material—\n\t(i)\tby 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\n\t(ii)\tfor purposes associated with the administration of this Act or another Act relevant to the application; or\n\t(b)\tthe publication in printed or electronic form of material that—\n\t(i)\tconsists solely or primarily of the reported judgments or decisions of a court; or\n\t(ii)\tis of a technical nature designed primarily for use by legal practitioners.\n\t(5)\tIn this section—\nnewspaper means a newspaper, journal, magazine or other publication that is published at periodic intervals;\npublish means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.\n14—Claim under this Act may be brought in the course of other proceedings\n\t(1)\tWhere—\n\t(a)\ta person desires to institute proceedings in a court; and\n\t(b)\tit is necessary for the purposes of those proceedings to establish under this Act that a certain relationship exists,\nhe 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.\n\t(2)\tIn any such proceedings, there shall be, unless a court otherwise determines, a separate trial of any issues arising under this Act.\n15—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tmake 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;\n\t(b)\tincorporate 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;\n\t(c)\tfix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;\n\t(d)\timpose a penalty, not exceeding a fine of $10 000, for contravention of, or non‑compliance with, a regulation;\n\t(e)\tfix expiation fees, not exceeding $315, for alleged offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or limited application;\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister.\n\t(4)\tIf a code or standard is referred to or incorporated in the regulations—\n\t(a)\ta 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\n\t(b)\tevidence 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.\nSchedule 1—Transitional provisions\n1—Transitional provisions (Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019)\n\t(1)\tA 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.\n\t(2)\tTo 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.\n\t(3)\tA 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.\n\t(4)\tIn this section—\namending Act means the Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019;\nprescribed period means the period commencing on the recognition day and ending on the day before the amending Act commenced;\nrecognition 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.\nLegislative history\nNotes\n\t•\tPlease 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.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor 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.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1975\n115\nFamily Relationships Act 1975\n4.12.1975\n29.1.1976 (Gazette 29.1.1976 p356)\n1984\n102\nFamily Relationships Act Amendment Act 1984\n20.12.1984\n14.2.1985 (Gazette 14.2.1985 p366)\n1986\n66\nFamily Relationships Act Amendment Act 1986\n13.11.1986\n13.11.1986\n1988\n2\nFamily Relationships Act Amendment Act 1988\n3.3.1988\n7.4.1988 (Gazette 7.4.1988 p856)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 2 (ss 4—7)—1.6.2007 (Gazette 26.4.2007 p1352)\n2009\n43\nReproductive Technology (Clinical Practices) (Miscellaneous) Amendment Act 2009\n1.10.2009\nSch 1 (Pt 1)—1.9.2010 (Gazette 1.7.2010 p3338)\n2009\n64\nStatutes Amendment (Surrogacy) Act 2009 as amended by 8/2010\n26.11.2009\nPt 2 (ss 4—14) & Sch 1—26.11.2010: s 2\n2010\n8\nStatutes Amendment (Surrogacy) Amendment Act 2010\n8.7.2010\n26.11.2010 immediately after 64/2009: s 2\n2011\n22\nFamily Relationships (Parentage) Amendment Act 2011\n23.6.2011\n15.12.2011 (Gazette 15.12.2011 p4987)\n2011\n27\nStatutes Amendment (De Facto Relationships) Act 2011\n21.7.2011\nPt 3 (s 5)—21.7.2011: s 2(1)\n2012\n22\nFamily Relationships (Surrogacy) Amendment Act 2012\n7.6.2012\n7.6.2012\n2015\n15\nFamily Relationships (Surrogacy) Amendment Act 2015\n16.7.2015\nPt 2 (ss 3—9)—16.7.2015\n2016\n30\nFamily Relationships (Parentage Presumptions) Amendment Act 2016\n23.6.2016\nPt 2 (s 4)—23.9.2016: s 2\n2016\n32\nStatutes Amendment (Youth Court) Act 2016\n30.6.2016\nPt 6 (ss 23—25)—1.1.2017 (Gazette 8.12.2016 p4903)\n2016\n35\nStatutes Amendment (Gender Identity and Equity) Act 2016\n4.8.2016\nPt 8 (s 33)—8.9.2016 (Gazette 8.9.2016 p3676)\n2017\n6\nStatutes Amendment (Surrogacy Eligibility) Act 2017\n15.3.2017\nPt 4 (ss 9—13)—21.3.2017 (Gazette 21.3.2017 p926)\n2017\n13\nStatutes Amendment (Registered Relationships) Act 2017\n26.4.2017\nPt 2 (ss 4—6)—1.8.2017 (Gazette 1.8.2017 p3039)\n2019\n31\nSurrogacy Act 2019\n7.11.2019\nSch 1 (cll 8 to 11)—1.9.2020 (Gazette 18.6.2020 p3392)\n2019\n46\nStatutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019\n19.12.2019\nPt 7 (ss 15 to 17 & 19)—1.7.2020 (Gazette 30.4.2020 p838); s 18 immediately before Sch 1 (cl 10) of 31/2019—1.9.2020 (Gazette 18.6.2020 p3392)\n2024\n8\nAssisted Reproductive Treatment (Posthumous Use of Material and Donor Conception Register) Amendment Act 2024\n28.3.2024\nSch 1 (cl 5)—26.2.2025 (Gazette 28.11.2024 p4271)\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\namended by 102/1984 s 3\n14.2.1985\n\ndeleted by 2/1988 s 3\n7.4.1988\ns 5\n\n\ns 5(1)\ns 5 redesignated as s 5(1) by 22/2011 s 4(3)\n15.12.2011\nchild born outside marriage\nsubstituted by 102/1984 s 4(a)\n14.2.1985\nco-parent\ninserted by 22/2011 s 4(1)\n15.12.2011\nthe Court\ndeleted by 43/2006 s 4\n1.6.2007\nCourt\ninserted by 43/2006 s 4\n1.6.2007\ndomestic partner\ninserted by 22/2011 s 4(2)\n15.12.2011\nfather\ninserted by 102/1984 s 4(b)\n14.2.1985\ns 5(2)\ninserted by 22/2011 s 4(3)\n15.12.2011\nPt 2\n\n\ns 7\namended by 22/2011 s 5(1), (2)\n15.12.2011\ns 8\n\n\ns 8(1)\ns 8 amended by 102/1984 s 5\n14.2.1985\n\ns 8 amended and redesignated as s 8(1) by 22/2011 s 6(1), (2)\n15.12.2011\n\namended by 46/2019 s 15(1)—(3)\n1.7.2020\ns 8(2)\ninserted by 22/2011 s 6(2)\n15.12.2011\n\nsubstituted by 46/2019 s 15(4)\n1.7.2020\ns 9\n\n\ns 9(1)\namended by 22/2011 s 7(1)—(6)\n15.12.2011\ns 9(4)\namended by 22/2011 s 7(7)\n15.12.2011\ns 10\namended by 64/2009 s 4\n26.11.2010\n\namended by 22/2011 s 8\n15.12.2011\n\namended by 31/2019 Sch 1 cl 8\n1.9.2020\nPt 2A\ninserted by 102/1984 s 6\n14.2.1985\nheading\namended by 43/2009 Sch 1 cl 1\n1.9.2010\ns 10A\n\n\ns 10A(1)\n\n\nfertilisation procedure\nsubstituted by 2/1988 s 4\n7.4.1988\n\nsubstituted by 43/2009 Sch 1 cl 2\n1.9.2010\nmarried woman or wife\ndeleted by 46/2019 s 16(1)\n1.7.2020\nqualifying relationship\ninserted by 22/2011 s 9(1)\n15.12.2011\n\namended by 35/2016 s 33\n8.9.2016\n\nsubstituted by 6/2017 s 9\n21.3.2017\n\namended by 46/2019 s 16(2)\n1.7.2020\ns 10A(2)\nsubstituted by 46/2019 s 16(3)\n1.7.2020\ns 10A(3)\ninserted by 22/2011 s 9(2)\n15.12.2011\n\namended by 46/2019 s 16(4)\n1.7.2020\ns 10B\n\n\ns 10B(1)\nsubstituted by 43/2009 Sch 1 cl 3\n1.9.2010\ns 10B(2)\namended by 66/1986 s 2\n13.11.1986\n\ndeleted by 2/1988 s 5\n7.4.1988\ns 10B(4)\ninserted by 64/2009 s 5\n26.11.2010\n\ndeleted by 22/2011 s 10\n15.12.2011\ns 10C\nsubstituted by 22/2011 s 11\n15.12.2011\ns 10C(2)\namended by 8/2024 Sch 1 cl 5(1)\n26.2.2025\ns 10C(3)\namended by 46/2019 s 17(1), (2)\n1.7.2020\ns 10C(3a)\ninserted by 30/2016 s 4\n23.9.2016\n\namended by 6/2017 s 10\n21.3.2017\n\ndeleted by 46/2019 s 17(3)\n1.7.2020\ns 10C(4)\namended by 46/2019 s 17(4), (5)\n1.7.2020\ns 10C(5)\namended by 46/2019 s 17(6)\n1.7.2020\ns 10C(5a)\ninserted by 8/2024 Sch 1 cl 5(2)\n26.2.2025\ns 10C(6)\namended by 46/2019 s 17(7), (8)\n1.7.2020\ns 10D before deletion by 22/2011\n\n\ns 10D(3)\ninserted by 43/2009 Sch 1 cl 4\n1.9.2010\nss 10D and 10E\ndeleted by 22/2011 s 11\n15.12.2011\ns 10EA\ninserted by 43/2009 Sch 1 cl 5\n1.9.2010\ns 10EA(1)\namended by 22/2011 s 12(1), (2)\n15.12.2011\ns 10EA(6)\namended by 22/2011 s 12(3)\n15.12.2011\ns 10EA(7a)\ninserted by 31/2019 Sch 1 cl 9\n1.9.2020\ns 10EA(8)\n\n\nCourt\namended by 32/2016 s 23\n1.1.2017\nPt 2B\ninserted by 2/1988 s 6\n7.4.1988\n\ndeleted by 31/2019 Sch 1 cl 10\n1.9.2020\nPt 2B Div 1\n\n\nheading\ninserted by 64/2009 s 6\n26.11.2010\ns 10F\n\n\ncommissioning parents\ninserted by 15/2015 s 3(1)\n16.7.2015\nprescribed international surrogacy agreement\ninserted by 15/2015 s 3(1)\n16.7.2015\nprocuration contract\ndeleted by 15/2015 s 3(2)\n16.7.2015\nrecognised surrogacy agreement\ninserted by 64/2009 s 7\n26.11.2010\n\nsubstituted by 15/2015 s 3(3)\n16.7.2015\nregistered relationship\ninserted by 6/2017 s 11\n21.3.2017\nState Framework for Altruistic Surrogacy or Framework\ninserted by 15/2015 s 3(4)\n16.7.2015\nsurrogacy contract\namended by 15/2015 s 3(5)\n16.7.2015\nsurrogate mother\ninserted by 15/2015 s 3(6)\n16.7.2015\nPt 2B Div 1A\ninserted by 15/2015 s 4\n16.7.2015\nPt 2B Div 2\n\n\nheading\ninserted by 64/2009 s 8\n26.11.2010\ns 10G\n\n\ns 10G(2) and (3)\ndeleted by 15/2015 s 5\n16.7.2015\ns 10G(4)\ninserted by 64/2009 s 9\n26.11.2010\n\ndeleted by 15/2015 s 5\n16.7.2015\ns 10H\nsubstituted by 15/2015 s 6\n16.7.2015\nPt 2B Div 3\ninserted by 64/2009 s 10\n26.11.2010\ns 10HA\n\n\ns 10HA(1)\n\n\nhusband\ndeleted by 46/2019 s 18(1)\n1.9.2020\nmarried woman\ndeleted by 46/2019 s 18(2)\n1.9.2020\nMinister\ndeleted by 46/2019 s 18(3)\n1.9.2020\nprescribed relative\ndeleted by 15/2015 s 7(1)\n16.7.2015\nqualifying relationship\ninserted by 46/2019 s 18(3)\n1.9.2020\ns 10HA(1a)\ninserted by 46/2019 s 18(4)\n1.9.2020\ns 10HA(2)\namended by 22/2012 s 3\n7.6.2012\n\namended by 15/2015 s 7(2)—(7)\n16.7.2015\n\nsubstituted by 6/2017 s 12(1)\n21.3.2017\ns 10HA(2a)\ninserted by 6/2017 s 12(1)\n21.3.2017\n\namended by 46/2019 s 18(5)—(8)\n1.9.2020\ns 10HA(3)\namended by 15/2015 s 7(8), (9)\n16.7.2015\n\namended by 6/2017 s 12(2), (3)\n21.3.2017\ns 10HA(4)\ndeleted by 15/2015 s 7(10)\n16.7.2015\ns 10HA(5)\namended by 6/2017 s 12(4)\n21.3.2017\ns 10HA(6)\namended by 6/2017 s 12(5), (6)\n21.3.2017\n\namended by 46/2019 s 18(9)\n1.9.2020\ns 10HAB\ninserted by 15/2015 s 8\n16.7.2015\ns 10HB\n\n\ns 10HB(1)\n\n\ncommissioning parents\ndeleted by 15/2015 s 9(1)\n16.7.2015\nCourt\namended by 32/2016 s 24\n1.1.2017\ns 10HB(2)\n(c) deleted by 15/2015 s 9(2)\n16.7.2015\ns 10HB(9)\namended by 15/2015 s 9(3)\n16.7.2015\n\namended by 6/2017 s 13\n21.3.2017\ns 10HG(1)\n\n\nCourt\namended by 32/2016 s 25\n1.1.2017\nPt 2B Div 4\n\n\nheading\ninserted by 64/2009 s 11\n26.11.2010\nPt 3 before substitution by 43/2006\n\n\ns 11\n\n\ns 11(1)\namended by 102/1984 s 7\n14.2.1985\nPt 3\nsubstituted by 43/2006 s 5\n1.6.2007\ns 11\n\n\nclose personal relationship\namended by 13/2017 s 4(1)\n1.8.2017\nregistered relationship\ninserted by 13/2017 s 4(2)\n1.8.2017\ns 11A\nsubstituted by 13/2017 s 5\n1.8.2017\ns 11B\n\n\ns 11B(1)\namended by 13/2017 s 6(1), (2)\n1.8.2017\ns 11B(2a)\ninserted by 13/2017 s 6(3)\n1.8.2017\ns 11B(3)\namended by 27/2011 s 5\n21.7.2011\nPt 4\n\n\ns 13\nsubstituted by 43/2006 s 6\n1.6.2007\ns 13(4)\namended by 64/2009 s 12(1)—(3)\n26.11.2010\ns 14\n\n\ns 14(1)\namended by 64/2009 s 13(1)\n26.11.2010\ns 14(2)\namended by 64/2009 s 13(2)\n26.11.2010\ns 15\ninserted by 64/2009 s 14\n26.11.2010\nSch 1\ninserted by 46/2019 s 19\n1.7.2020\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Domestic Partners) Act 2006\n7—Transitional provision\nIf, 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.\nStatutes Amendment (Surrogacy) Act 2009, Sch 1—Transitional provisions (as amended by Statutes Amendment (Surrogacy) Amendment Act 2010, s 4)\n1—Existing agreements\n\t(1)\tIn this clause—\nCourt means the Youth Court of South Australia constituted of a Judge;\nsurrogacy contract means a surrogacy contract as defined by section 10F of the Family Relationships Act 1975.\n\t(2)\tSubject 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.\n\t(3)\tAn application under this clause—\n\t(a)\tmust be made by all parties to the surrogacy contract; and\n\t(b)\tmust be made within 15 months after the commencement of this clause.\n\t(4)\tAn 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.\n\t(5)\tAn 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.\n\t(6)\tThe Attorney‑General may intervene in any proceedings under this clause to make representations or tender evidence (or both).\n\t(7)\tIf the Court makes an order under this clause—\n\t(a)\tthe surrogacy contract will be taken to be a recognised surrogacy agreement validly entered into under section 10HA of the Family Relationships Act 1975; and\n\t(b)\ta 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\n\t(c)\tthe 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\n\t(d)\tthe 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\n\t(e)\tthe Court may make any other related order as it thinks fit.\nFamily Relationships (Parentage) Amendment Act 2011, Sch 1—Transitional provision\n1—Immunity\nDespite 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—\n\t(a)\tthe child was born before the commencement of this clause; and\n\t(b)\tthe 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).\nSurrogacy Act 2019, Sch 1 Pt 5—Transitional and saving provisions etc\n11—Continuation of recognised surrogacy agreements under Family Relationships Act 1975 as lawful surrogacy agreements\n\t(1)\tA recognised surrogacy agreement under Part 2B of the Family Relationships Act 1975 that was in force immediately before the commencement of this clause—\n\t(a)\twill, on the commencement of clause 10 of this Schedule, be taken to continue in force in accordance with its terms; and\n\t(b)\twill be taken to be a lawful surrogacy agreement under this Act.\n\t(2)\tAny counselling, certificate or other matter done under the Family Relationships Act 1975 in respect of a recognised surrogacy agreement continued under this clause will be taken to have effect as if it were counselling, a certificate or matter done under this Act.\n\t(3)\tA reference in any Act or law, or contract or other instrument, to a recognised surrogacy agreement (being a recognised surrogacy agreement continued under this clause) will be taken to be a reference to the agreement as so continued.\nHistorical versions\nReprint No 1—1.7.1991\n\n1.6.2007\n\n1.9.2010\n\n26.11.2010\n\n21.7.2011\n\n15.12.2011\n\n7.6.2012\n\n16.7.2015\n\n8.9.2016\n\n23.9.2016\n\n1.1.2017\n\n21.3.2017\n\n1.8.2017\n\n1.7.2020\n\n1.9.2020\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No scope assessment is possible. The submitted content does not contain any legislative provisions — it is a website error page. The scope of the actual Family Relationships Act 1975 cannot be evaluated from this input."},"complexity_factors":["No actual legislative text was provided — the input is a 404 error page from the SA legislation website","Cannot assess complexity of the Act itself without its content","Complexity score of 1 reflects only the simplicity of the error page content, not the underlying legislation"],"plain_english_summary":"## ⚠️ Content Not Available\n\nThe legislation content you've submitted is **not actually the text of the Family Relationships Act 1975** — it's a \"Page Not Found\" error from the South Australian legislation website (legislation.sa.gov.au).\n\nThe actual text of the Act was not retrieved. What was captured instead is a broken web page, likely caused by an outdated link or bookmark that no longer works following a website update in March 2026.\n\n### What to do\n- Visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for \"Family Relationships Act 1975\"\n- Update any bookmarks created before 24 March 2026\n- If you believe there is a website error, contact OPCWeb@sa.gov.au\n\n### What the Family Relationships Act 1975 generally covers (based on existing knowledge)\nThis South Australian Act deals with **legal recognition of family relationships**, including parentage, adoption-related provisions, and matters relating to who is legally recognised as a parent or family member. It affects South Australians navigating questions of **legal parenthood, inheritance rights, and family status**. However, no analysis can be provided without the actual legislative text."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded since its original 1975 form.  The long title sets out the original aims (abolishing illegitimacy and enabling declaratory judgments).  Subsequent insertions and amendments created a specialised Part addressing parentage from assisted reproductive procedures (Part 2A: ss 10A–10C; s 10EA), introduced statutory treatment of domestic partners and registered relationships (Part 3: ss 11, 11A, 11B), added confidentiality protections (s 13), and incorporated transitional and consequential changes tied to the Surrogacy Act 2019 and the legalisation of same‑sex marriage (Schedule 1; Legislative history).  The legislative history attached to the Act records those amendments (see entries for 1984, 1988, 2009, 2011, 2015, 2016, 2017, 2019 and 2024), which collectively broaden the Act from a narrow anti‑‘illegitimacy’ reform to a wider framework for determining parentage, recognising de facto/registered relationships and handling reproductive technology outcomes."},"complexity_factors":["Multiple interacting presumptions of parentage (s 8; s 10C) with both conclusive and rebuttable effects","Special rules for assisted reproductive procedures and posthumous use of gametes/embryos (Part 2A: ss 10A, 10B, 10C, 10EA)","Court‑based declaratory and adversarial processes with procedural safeguards and corroboration requirements (ss 9(3)–(4); s 10EA(3)–(6))","Cross‑references to and dependence on other statutes (Assisted Reproductive Treatment Act, Relationships Register Act, Surrogacy Act) and transitional provisions (Schedule 1)","Protections for third parties and procedural deadlines that shift litigation incentives (s 12(1)–(2))","Confidentiality rules with criminal penalties and specified exceptions (s 13)","Broad delegated regulation‑making power including fee‑setting and ministerial discretion (s 15(2)–(3))","Extensive amendment history and repeals creating layered transitional rules (Legislative history; Schedule 1)","Different courts and specialised jurisdictional rules (definition of Court; s 10EA uses Youth Court; overall Court references vary)"],"plain_english_summary":"What this law does (mechanics)\n\n- Sets out who counts as a parent or co‑parent for South Australian law and removes legal distinctions based on whether a child was born inside or outside marriage (s 1; s 6).  All references below are to the Family Relationships Act 1975.\n- Establishes presumptions and rules about parentage that operate automatically unless displaced by proof or other statutory rules.  Key rules include:\n  - A woman who gives birth is the mother of the child (s 10C(1)).\n  - A child born during a marriage or qualifying relationship (or within ten months after it ends) is presumed, in the absence of proof, to be the child of the woman and her spouse or partner (s 8(1)).\n  - Where a fertilisation procedure is involved, special parentage rules in Part 2A apply: an ovum donor is not treated as the mother (s 10C(2)); a spouse or qualifying partner who consented to a fertilisation procedure is conclusively presumed to have caused the pregnancy and to be father or co‑parent (s 10C(3)); a man who provided sperm but is not the woman’s spouse/partner is conclusively presumed not to have caused the pregnancy or to be the father (s 10C(4)).  Post‑death uses of gametes or embryos are covered by conclusive presumptions in ss 10C(5) and 10C(5a).\n- Provides court processes to make or challenge legal parentage and partnership status:\n  - Anyone whose legal rights, duties or interests turn on whether a parent/child relationship exists may apply to the Court for a declaration of parentage; the Court may grant a declaration if satisfied the relationship exists (s 9).  The Court must, as far as reasonably practicable, give affected living persons an opportunity to make representations (s 9(3)).\n  - For some fertility cases where Part 2A does not resolve paternity, the Youth Court can make a paternity order on application by the sperm provider, but only with the free, informed agreement of both mother and sperm provider and with the child’s welfare as the paramount consideration (s 10EA(2)–(4)).  Section 10EA excludes children born under certain lawful surrogacy orders (s 10EA(7a)).\n  - People can apply for a court declaration that two adults were domestic partners on a given date if rights or obligations depend on that status; the Court must consider specified relationship factors (s 11B(1)–(3)).  Registered relationships may be proved instead by producing a registration certificate (s 11B(2a)).\n- Protects third parties who deal with property in ignorance of an unadjudicated relationship, unless they had actual notice (s 12(1)); administrators and trustees may require claimants to bring proceedings under the Act and will be protected from liability if a claimant does not commence them within three months of notice (s 12(2)).\n- Makes proceedings and identifying material confidential and creates criminal penalties for publishing or arranging publication of protected information (s 13).  The section lists routine exceptions for courts, administrative functions and reported judgments (s 13(4)).\n- Delegates power to make regulations, including fees, penalties and the ability to incorporate standards or give the Minister discretion to determine matters (s 15).\n\nWhat the law says it is for (official rationale) and immediate test of those claims\n\n- The Act’s long‑standing statutory title describes its purpose as abolishing the legal consequences of illegitimacy and enabling courts to declare family relationships (long title; s 1).  That declaratory mechanism is implemented by the Court powers in s 9 (parentage) and s 11B (domestic partners).\n\nAnalytical points about costs, incentives, discretion and effects (source‑grounded)\n\n- Who pays: Court applicants meet the direct cost of starting proceedings (s 9; s 11B).  The Governor may make regulations fixing fees (s 15(2)(c)), so administrative or filing fees can apply.  Penalties for publishing protected information create potential criminal exposure for third parties (s 13(2)–(3)).\n\n- Incentives created by statutory presumptions: The conclusive and rebuttable presumptions shift legal certainty toward the spouse/partner or registered relationship partner in fertility cases (s 8(1); s 10C(3)).  Conversely, statutory presumptions that a non‑partner sperm provider did not cause the pregnancy remove legal parent status from such providers unless the Court otherwise orders under s 10EA(2).  Those rules change the expected legal outcomes of private choices (e.g. a sperm donor’s likely legal status) and therefore affect behaviour when parties consider donor use, relationship registration, or court applications.\n\n- Compliance burden and procedural paths: People who assert property, inheritance or other rights tied to relationship status must bring court proceedings for declarations (s 9; s 11B).  Administrators or trustees can force a claimant to litigate by written notice under s 12(2), imposing a three‑month deadline to start proceedings (s 12(2)).  The Court must, where possible, give living affected persons the opportunity to be heard before making a parentage declaration (s 9(3)), which can require service and participation steps.\n\n- Judicial discretion and safeguards: The Act gives courts mandatory and discretionary duties.  For example, the Court must not make a parentage declaration without reasonable opportunity for affected persons to be heard (s 9(3)) and must regard the child’s welfare as paramount when deciding s 10EA orders (s 10EA(4)).  The regulations may confer decision‑making discretion on the Minister in specified matters (s 15(3)(c)).\n\n- Protections for third parties and transaction certainty: Administrators and trustees who deal in good faith and without actual notice of a relationship are insulated from later claims (s 12(1)).  This reduces the risk to purchasers or transferees but places the onus on claimants to obtain a formal declaration in a timely way (s 12(2)).\n\n- Interaction with other statutes and cross‑jurisdictional effect: The Act expressly interacts with and defers to other laws in particular contexts — e.g. adoption consequences, domicile rules and the Surrogacy Act 2019 are preserved or have specified interactions (s 10; s 10EA(7a); Schedule 1).  Part 2A operates in relation to fertilisation procedures carried out inside or outside the State (s 10B(1)).  Those cross‑references mean legal effects depend on other regimes (Assisted Reproductive Treatment Act references in s 10A(1); Relationships Register Act definitions in s 10A(1)).\n\n- Opportunity costs and implementation risk: The Act centralises legal resolution of ambiguous family status in court processes (s 9; s 11B; s 10EA).  That allocates dispute resolution to the judiciary and requires court resources; claimants and the court system therefore bear time and administrative costs.  The confidentiality rules (s 13) add an enforcement overhead and criminal sanction to protect privacy, which may increase compliance costs for media and third parties.\n\n- Effects on private choice and market‑facing parties: The parentage rules change the legal baseline for decisions by fertility practitioners, donors and intended parents.  Conclusive presumptions (e.g. s 10C(3) and s 10C(4)) reduce uncertainty for spouses/partners and registered relationship partners but restrict the ability of non‑partner donors to acquire parental rights without a court order (s 10EA).  Parties can avoid some disputes by registering relationships, which provides documentary proof (s 11B(2a); s 10A(1) cross‑referencing the Relationships Register Act 2016).\n\nAreas of concentrated benefit and possible trade‑offs (mechanisms, not judgments)\n\n- The statutory presumptions concentrate the legal benefit of parental status on spouses/qualifying partners and registered partners in fertility cases (s 10C(3)).  The trade‑off is that non‑partner donors are legally insulated from parentage (s 10C(4)) unless a court order changes that position (s 10EA).  This reduces legal uncertainty for families but may lower the expected rights of gamete providers absent separate agreements or court actions.\n\n- Administrators and trustees obtain a clear safeguard against late claims if they have no actual notice (s 12(1)); the trade‑off is a procedural burden on claimants to commence timely litigation when prompted by a trustee (s 12(2)).\n\nImplementation details to note\n\n- Confidentiality provisions impose criminal penalties (s 13) but list routine exceptions for courts and official administration (s 13(4)).\n- Regulations may fix fees and penalties and may incorporate external codes or give the Minister the power to determine matters (s 15(2)–(3)).\n\nKey provisions cited: ss 1, 5, 6, 7, 8, 9, 10, 10A, 10B, 10C, 10EA, 11, 11A, 11B, 12, 13, 15 and Schedule 1 (Transitional provisions)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1975 purpose of abolishing illegitimacy. While the original Act was relatively simple (Part 2 only), it has expanded to include: Part 2A (assisted reproduction, added 1984 and substantially expanded 2009-2024), Part 2B (surrogacy, added 1988, deleted 2019 when moved to standalone Surrogacy Act), and Part 3 (domestic partners, added 2006). The legislative history shows 20+ amending Acts, transforming a 4-section children's status law into a comprehensive family relationships statute covering fertility technology, same-sex parenting, and de facto relationship recognition."},"complexity_factors":["Multiple overlapping Parts dealing with related but distinct issues (children, assisted reproduction, domestic partners)","Extensive cross-referencing to other Acts (Assisted Reproductive Treatment Act 1988, Relationships Register Act 2016, Surrogacy Act 2019, Family Law Act 1975)","Nested conditional logic in Part 2A (section 10C) with multiple subsections (3), (4), (5), (5a) creating different parentage rules depending on circumstances (marriage, qualifying relationship, sperm donation, ovum donation, posthumous use)","Defined terms with layered meanings — 'qualifying relationship' is defined in Part 2A but used in Part 2; 'domestic partner' definition spans sections 11 and 11A with time-based thresholds (3 years continuous or 4 years aggregate)","Transitional provisions in Schedule 1 and legislative history showing 20+ amendments since 1975, including recent gender-neutral language changes (2019) and posthumous ovum use provisions (2024)","Exception to exception structure — section 10C(5a) creates a specific rule for deceased ovum donors that operates as an exception to the general rule in 10C(2)","Court jurisdiction split across Supreme, District, Magistrates, and Youth Courts depending on the provision"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's **Family Relationships Act 1975**, a law that fundamentally changed how the State recognises family relationships. It has three main jobs:\n\n1. **Abolishing 'illegitimacy'** — Before this Act, children born to unmarried parents had fewer legal rights than children born to married parents. This law says **all children are equal** regardless of whether their parents were married.\n\n2. **Defining who is a parent** — The law sets clear rules about who counts as a mother, father, or \"co-parent\" (a non-biological parent in a same-sex or de facto relationship). This includes:\n   - **Birth mothers** are always the legal mother\n   - **Presumptions about fathers** — A man is presumed to be the father if he was married to the mother when the child was born (or within 10 months after)\n   - **Assisted reproduction** — Special rules for children conceived through IVF, sperm donation, or other fertility treatments. These rules recognise the woman's partner (regardless of gender) as the other parent, while usually excluding sperm donors from parentage\n   - **Posthumous conception** — Rules allowing a deceased person's partner to use their stored sperm/eggs to conceive, with the deceased recognised as the parent\n\n3. **Recognising domestic partners** — The law defines \"domestic partners\" (de facto couples, including same-sex couples) and allows courts to make declarations confirming these relationships existed. This matters for inheritance, property disputes, and other legal rights.\n\n**Who it affects:**\n- Anyone with children in South Australia, especially non-traditional families\n- Couples using assisted reproductive technology\n- De facto couples (including same-sex couples) seeking legal recognition\n- People dealing with inheritance or property disputes where relationship status matters\n\n**Why it matters:**\nThis law removed the stigma and legal disadvantage of being born \"out of wedlock.\" It has evolved over decades to keep pace with social change — recognising same-sex relationships, modern fertility treatments, and diverse family structures. It ensures children have clear legal parents and that adults in committed relationships get legal protections even if they never married."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/family-relationships-act-1975","history":"/api/acts/family-relationships-act-1975/history","analysis":"/api/acts/family-relationships-act-1975/analysis","conflicts":"/api/acts/family-relationships-act-1975/conflicts","importantCases":"/api/acts/family-relationships-act-1975/important-cases","documents":"/api/acts/family-relationships-act-1975/documents"}}