Australian Capital Territory Numbered Acts

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MARRIAGE EQUALITY (SAME SEX) ACT 2013 (NO. 39 OF 2013) - SECT 7

Eligibility for marriage under this Act

    (1)     Two people of the same sex may be married under this Act only if—

        (a)     each person is an adult; and

        (b)     each person is not—

              (i)     legally married; or

              (ii)     in a civil union or civil partnership with someone other than the person's proposed spouse under the Civil Unions Act 2012

(repealed) or the Civil Partnerships Act 2008

(repealed) or a law of another jurisdiction that substantially corresponds to those territory laws; and

        (c)     each person cannot marry the person's proposed spouse under the Marriage Act 1961

(Cwlth) because it is not a marriage within the meaning of that Act; and

        (d)     each person does not have any of the following relationships (a  prohibited relationship ) with the person's proposed spouse:

              (i)     lineal ancestor;

              (ii)     lineal descendant;

              (iii)     sister;

              (iv)     half-sister;

              (v)     brother;

              (vi)     half-brother.

    (2)     For this section, a prohibited relationship

        (a)     includes a relationship traced through, or to, a person who is or was an adopted child; and

        (b)     the relationship between the adopted child and adoptive parent, or each of the adoptive parents, is taken to be, or have been, the relationship of child and parent.

    (3)     For subsection (2)—

        (a)     a person who has at any time been adopted by someone else is taken to remain the adopted child of the other person despite—

              (i)     the adoption order (however described) being annulled, cancelled or discharged; or

              (ii)     the adoption no longer being effective for any other reason; and

        (b)     a person who has been adopted on more than 1 occasion is taken to be the adopted child of each person by whom he or she has been adopted.

    (4)     In this section:

"adopted" means adopted under the law of a place (whether in or outside Australia) relating to the adoption of people.



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