5Eligibility for registration

#### 5 Eligibility for registration 5 Eligibility for registration > > (1) Two adults who are in a relationship as a couple, regardless of their sex, may apply to the Registrar for registration of their relationship. > > > (2) A relationship cannot be registered unless at least one of the adults resides in New South Wales. > > > (3) A relationship cannot be registered if: > > > > > (a) either adult is married, or > > > > > (b) either adult is registered under this Act or a corresponding law as being in a registered relationship or an interstate registered relationship, or > > > > > (c) either adult is in a relationship as a couple with another person, or > > > > > (d) the adults are related by family. > > > (4) Two adults are related by family if: > > > > > (a) one is the child (including an adopted child) of the other, or > > > > > (b) one is another descendant of the other (even if the relationship between them is traced through an adoptive parent), or > > > > > (c) they have a parent in common (including an adoptive parent of either or both of them). > > > (5) Subsection (4) applies: > > > > > (a) even if an adoption has been declared void or is of no effect, and > > > > > (b) to adoptions under the law of any place (whether in or out of Australia) relating to the adoption of children. > > > (6) Subsection (4) 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, even if the parentage order is discharged or otherwise ceases to have effect. 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 5:** Am 2010 No 102, Sch 2.6.