5AFamily relationship

#### 5A Family relationship 5A Family relationship > > (1) For the purposes of sections 4 and 5, persons are related by family if— > > > > > (a) one is the parent, or another ancestor, of the other, or > > > > > (b) one is the child, or another descendant, of the other, or > > > > > (c) they have a parent in common. > > > (2) For the purposes of this section— > > > > > (a) a person is taken to be an ancestor or descendant of another person even if the relationship between them is traced through, or to, a person who is or was an adopted child, and > > > > > (b) the relationship of parent and child between an adoptive parent and an adopted child is taken to continue even though the order by which the adoption was effected has been annulled, cancelled or discharged or the adoption has otherwise ceased to be effective, and > > > > > (c) the relationship between an adopted child and the adoptive parent, or each of the adoptive parents, is taken to be or to have been the natural relationship of child and parent, and > > > > > (d) a person who has been adopted more than once is taken to be the child of each person by whom he or she has been adopted. > > > (3) In subsection (2), adopted means adopted under the law of any place, whether in Australia or not, relating to the adoption of children. > > > (4) Subsection (2) applies in relation to a child whose parentage is transferred as a result of a parentage order, or an Interstate parentage order, within the meaning of the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102) in the same way as it applies in relation to an adopted child. For that purpose, a reference in that subsection to an adoptive parent is to be read as a reference to a person to whom the parentage of a child is transferred under such a parentage order. > > **s 5A:** Ins 1999 No 4, Sch 1 \[9\]. Am 2010 No 102, Sch 2.5.