Family Law Flashcards
Marriage
the Marriage Amendment (Definitions and Religions Freedoms) Act 2017 (Cth) defines marriage as the ‘union of two people to the exclusion of all others, voluntarily entered into for life’
De Facto Relationship
a relationship where the partners act as a married couple but are not legally married
Blended Family
a family that is created when a parent remarries; it includes a stepmother or stepfather and stepchildren
Extended Family
a family that includes individuals related through marriage or parentage and not limited to one couple and their children; in some cultures, close family friends are regarded as extended family
Referral of powers
the giving up of a state’s legislative powers in a certain area to the Commonwealth by passing an Act, pursuant to section 51 (xxxvii) of the Australian Constitution
Polygamous
having more than one wife or husband at the same time
illegal in Australia under marriage amendment
Ancestor
a person from whom someone is descended, on either parent’s side, such as a parent, grandparent or great-grandparent
Celebrant
a person who is authorised to perform a civil or religious marriage ceremony
Nullify
to declare legally void or invalid
Annulment
a declaration by a court that a supposed marriage is void
Ex-nuptial
a Latin term meaning ‘outside marriage’; an ex-nuptial child is a child born to parents who are not married
Surrogacy Act 2010 NSW
States:
Transfer of parentage without an adoption
Donor can apply for parentage rights within 30 days of the child’s life
Statistic for introduction
1 in 20 babies born through IVF according to UNSW as of 2020
Family Law Act 1975 (Commonwealth)
Prohibits sale of genetic material
Baby Gammy
2014, one twin born with Down syndrome (baby Gammy). Commercial surrogacy sought in Thailand. Thai surrogate kept Gammy , issue because commercial surrogacy in Australia is illegal meaning the couple who asked for the surrogacy are not recognised as legal parent
