Family Law Amendment (2026 Measures No. 1) Regulations 2026

Contents

1Name#

This instrument is the Family Law Amendment (2026 Measures No. 1) Regulations 2026.

2Commencement#

These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.

(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	9 September 2026
2. Schedule 1, Part 1	The day after this instrument is registered.	9 September 2026
3. Schedule 1, Part 2	The later of:(a) immediately after the commencement of the provisions covered by table item 2; and(b) the start of the day section 123 of the Assisted Reproductive Technology and Surrogacy Act 2025 (WA) commences.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.
4. Schedule 1, Part 3	The day after the end of the period of 3 months beginning on the day this instrument is registered.	9 December 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority#

This instrument is made under the Family Law Act 1975.

4Schedules#

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 · Amendments

Part 1 · Surrogacy parentage orders—Australian Capital Territory

Family Law Regulations 2024 #

1 Section 49 (table item 8)

Omit “Section 26”, substitute “Section 28H”.

2 Before section 140

Insert:

Division 1 · Application and transitional arrangements in relation to the commencement of this instrument

3 At the end of Part 15

Add:

Division 2 · Amendments made by the Family Law Amendment (2026 Measures No. 1) Regulations 2026

150Surrogacy arrangements—Australian Capital Territory#

(1)The amendment of section 49 of this instrument made by Part 1 of Schedule 1 to the Family Law Amendment (2026 Measures No. 1) Regulations 2026 applies in relation to the following proceedings:

(a)proceedings instituted on or after the day that Part commences;

(b)proceedings instituted before, and not finally determined before, the day that Part commences, other than proceedings in respect of which a final hearing has commenced before the day that Part commences.

(2)Despite the amendment of section 49 of this instrument made by Part 1 of Schedule 1 to the Family Law Amendment (2026 Measures No. 1) Regulations 2026, section 26 of the Parentage Act 2004 (ACT), as in force immediately before the repeal of that section by the Parentage (Surrogacy) Amendment Act 2024 (ACT), is prescribed for the purposes of subsection 60HB(1) of the Family Law Act 1975.

Part 2 · Surrogacy parentage orders—Western Australia

Family Law Regulations 2024 #

4 Section 49 (table item 4)

Repeal the item, substitute:

4	Section 123 of the Assisted Reproductive Technology and Surrogacy Act 2025 (WA)

5 In the appropriate position in Division 2 of Part 15

Insert:

151Surrogacy arrangements—Western Australia#

Despite the amendment of section 49 of this instrument made by Part 2 of Schedule 1 to the Family Law Amendment (2026 Measures No. 1) Regulations 2026, section 21 of the Surrogacy Act 2008 (WA), as in force immediately before the commencement of that Part, is prescribed for the purposes of subsection 60HB(1) of the Family Law Act 1975.

Part 3 · Prescribed overseas jurisdictions

Family Law Regulations 2024 #

6 Subsection 10(3)

Repeal the subsection.

7 After subsection 77(2)

Insert:

(2A)Each country, or part of a country, specified in an item of the table in Schedule 2 as a reciprocating jurisdiction, and each jurisdiction prescribed in an item of the table in Schedule 4, is declared to be a prescribed overseas jurisdiction for the purposes of the provisions of the Act applied by subsection (2) of this section (but only to the extent that those provisions of the Act are applied by subsection (2) of this section).

8 In the appropriate position in Division 2 of Part 15

Insert:

152Presumptions of parentage and proof of birth, parentage, death or marriage#

(1)Subject to subsection (2) of this section, the repeal of subsection 10(3) of this instrument made by Part 3 of Schedule 1 to the Family Law Amendment (2026 Measures No. 1) Regulations 2026 applies in relation to proceedings instituted on or after the day that Part commences.

(2)Despite the repeal of subsection 10(3) of this instrument made by Part 3 of Schedule 1 to the Family Law Amendment (2026 Measures No. 1) Regulations 2026, that subsection (as in force immediately before that repeal) continues to apply, in relation to proceedings instituted before, and not finally determined before, the day that Part commences, as if that repeal had not happened.

9 Schedule 4 (note to Schedule heading)

Omit “and subsection 10(3) and subparagraph 77(2)(a)(ii)”, substitute “and subparagraph 77(2)(a)(ii) and subsection 77(2A)”.

10 Paragraph 1(c) of Schedule 4

Repeal the paragraph.

11 After paragraph 1(d) of Schedule 4

Insert:

(da)prescribes jurisdictions for the purposes of subsection 77(2A) of this instrument; and

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Family Law Amendment (2026 Measures No. 1) Regulations 2026

1Name#

2Commencement#

3Authority#

4Schedules#

Schedule 1 · Amendments

Part 1 · Surrogacy parentage orders—Australian Capital Territory

Family Law Regulations 2024 #

Division 1 · Application and transitional arrangements in relation to the commencement of this instrument

Division 2 · Amendments made by the Family Law Amendment (2026 Measures No. 1) Regulations 2026

150Surrogacy arrangements—Australian Capital Territory#

Part 2 · Surrogacy parentage orders—Western Australia

Family Law Regulations 2024 #

151Surrogacy arrangements—Western Australia#

Part 3 · Prescribed overseas jurisdictions

Family Law Regulations 2024 #

152Presumptions of parentage and proof of birth, parentage, death or marriage#

Connections

History · 1 version

Key facts

1Name#

2Commencement#

3Authority#

4Schedules#

Schedule 1 · Amendments

Part 1 · Surrogacy parentage orders—Australian Capital Territory

Family Law Regulations 2024 #

Division 1 · Application and transitional arrangements in relation to the commencement of this instrument

Division 2 · Amendments made by the Family Law Amendment (2026 Measures No. 1) Regulations 2026

150Surrogacy arrangements—Australian Capital Territory#

Part 2 · Surrogacy parentage orders—Western Australia

Family Law Regulations 2024 #

151Surrogacy arrangements—Western Australia#

Part 3 · Prescribed overseas jurisdictions

Family Law Regulations 2024 #

152Presumptions of parentage and proof of birth, parentage, death or marriage#