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Testator's Family Maintenance Act 1912
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### 2 Interpretation
> *\[Section 2 Amended by 6 Geo. V No. 65, s. 2 \]**\[Section 2 Amended by 25 Geo. V No. 78 \]**\[Section 2 Amended by No. 52 of 1957, s. 2 \]**\[Section 2 Amended by No. 46 of 1991, s. 4 and Sched. 2 \]**\[Section 2 Amended by No. 34 of 1995, s. 4 \]*
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> > (1) In this Act –
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> > > ***adopted child*** –
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> > > > > (a) in the case of a child that is adopted in this State, means a child that is adopted by a person, or by a person and his spouse jointly, in accordance with the law relating to the adoption of children; or
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> > > > > (b) in the case of a child that is adopted elsewhere than in this State, means a child that is adopted by a person, or by a person and his spouse jointly, in accordance with the law of the State, Territory, or country where the adoption takes place, as in force at the date of the adoption;
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> > > ***child*** includes –
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> > > > > (a) an adopted child; and
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> > > > > (b) [*\[Section 2 Subsection (1) amended by No. 31 of 2012, s. 21, Applied:01 May 2013\]*](/view/html/inforce/2013-05-01/act-2012-031#GS21@Hpa@EN) a stepchild; and
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> > > > > (c) [*\[Section 2 Subsection (1) amended by No. 31 of 2012, s. 21, Applied:01 May 2013\]*](/view/html/inforce/2013-05-01/act-2012-031#GS21@Hpb@EN) a surrogate child;
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> > > ***Court*** means the Supreme Court;
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> > > [*\[Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpa@EN) ***spouse*** includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) ;
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> > [*\[Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpb@EN) [*\[Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpc@EN) [*\[Section 2 Subsection (1) amended by No. 38 of 2015, s. 55, Applied:13 Oct 2015\]*](/view/html/inforce/2015-10-13/act-2015-038#GS55@Hpa@EN)
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> > > [*\[Section 2 Subsection (1) amended by No. 38 of 2015, s. 55, Applied:13 Oct 2015\]*](/view/html/inforce/2015-10-13/act-2015-038#GS55@Hpa@EN) ***stepchild*** means, in relation to a person –
> > >
> > > > > (a) a child of that person's spouse; and
> > > >
> > > > > (b) a child whose natural parent was the spouse of that person at the time of the natural parent's death;
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> > > [*\[Section 2 Subsection (1) amended by No. 31 of 2012, s. 21, Applied:01 May 2013\]*](/view/html/inforce/2013-05-01/act-2012-031#GS21@Hpc@EN) ***surrogate child*** means, in relation to another person, a person (whether or not the person has attained the age of 18 years) –
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> > > > > (a) who is a child of the other person by virtue of the operation of [section 26(1)](/view/html/inforce/2026-04-12/act-2012-034#GS26@EN) of the [Surrogacy Act 2012](/view/html/inforce/2026-04-12/act-2012-034) , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and
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> > > > > (b) who has not ceased to be a child of the other person under that Act or law;
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> > [*\[Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpd@EN) [*\[Section 2 Subsection (1) amended by No. 66 of 1997, Sched. 1, Applied:01 Feb 1998\]*](/view/html/inforce/1998-02-01/act-1997-066#JS1@Ja11@GC1@EN)
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> > > [*\[Section 2 Subsection (1) amended by No. 66 of 1997, Sched. 1, Applied:01 Feb 1998\]*](/view/html/inforce/1998-02-01/act-1997-066#JS1@Ja11@GC1@EN) ***will*** includes a codicil and a nomination made in accordance with the rules of a society within the meaning of the Friendly Societies (Tasmania) Code.
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> > (2) [*\[Section 2 Subsection (2) substituted by No. 38 of 2015, s. 55, Applied:13 Oct 2015\]*](/view/html/inforce/2015-10-13/act-2015-038#GS55@Hpb@EN) For the avoidance of doubt, the definition of *stepchild*, as substituted by the *Justice and Related Legislation (Miscellaneous Amendments) Act 2015*, does not apply in respect of a claim against the estate of a person whose death occurred before the commencement of that Act.
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> > (3) *\[Section 2 Subsection (3) inserted by No. 34 of 1995, s. 4 \]*[*\[Section 2 Subsection (3) omitted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpe@EN) . . . . . . . .
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> > (4) *\[Section 2 Subsection (4) inserted by No. 34 of 1995, s. 4 \]*[*\[Section 2 Subsection (4) omitted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpe@EN) . . . . . . . .
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> > (5) *\[Section 2 Subsection (5) inserted by No. 34 of 1995, s. 4 \]*[*\[Section 2 Subsection (5) omitted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpe@EN) . . . . . . . .