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 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.