Article 2.5.1 Purpose and Interpretation

Definitions and Interpretation:

In this Chapter 2.5 of the ICT Code, unless the context otherwise requires:

adoption means the legal process by which an individual or couple becomes the lawful parent(s) of a child who is not biologically their own, conferring all rights and responsibilities of parentage.

assisted reproduction includes procedures such as in vitro fertilisation (IVF), gamete donation, and other fertility techniques resulting in conception outside natural intercourse.

assisted reproductive technology (ART) arrangements includes medical, legal, and contractual procedures for conception outside natural reproduction, including surrogacy, gamete donation, and IVF.

best interests of the child means the paramount consideration in all proceedings concerning a child, including matters of custody, guardianship, and adoption, having regard to the child’s age, needs, views (where appropriate), continuity of care, and protection from harm.

capacity means a person’s legal ability to understand and make decisions, assessed according to functional, decision-specific criteria under this Code.

civil partnership means a legally recognised relationship between two persons that is registered in accordance with the procedures set out in this ICT Code and affords similar rights and responsibilities as marriage.

co-parenting agreement means a written arrangement between two or more persons not in a marital or romantic relationship, outlining mutual rights and responsibilities in relation to a child.

custody includes legal custody (decision-making authority) and physical custody (day-to-day care) of a child.

dependant means a person financially supported by another, particularly in the context of succession or maintenance.

digital assets means electronically stored or blockchain-based assets, credentials, or content assignable by law.

digital will means a will validly executed in digital form with appropriate authentication.

domestic violence includes physical, emotional, psychological, sexual, financial, and digital abuse within a family or domestic relationship.

executor means a person appointed by a will to administer the deceased’s estate.

family law agreement includes prenuptial, postnuptial, cohabitation, custody, maintenance, and separation agreements entered into by parties in accordance with this Code.

guardianship means the legal authority to care for and make decisions on behalf of a minor or a person lacking capacity, whether conferred by law, court order, or legal instrument.

habitual residence means the place where a person resides with sufficient continuity and stability, considering family, social, and economic ties.

ICT Civil Registry means the Operator or the official record-keeping authority established by the Operator responsible for maintaining personal status data within the ICT, including births, marriages, deaths, and other civil events.

ICT Family Court means the division or chamber of the ICT Court designated to hear and determine matters arising under this Chapter.

intestate succession means the rules governing inheritance where a person dies without a valid will.

maintenance means financial support provided to a spouse, child, or dependent following separation, divorce, or as part of a family law order or agreement.

marriage means a legally recognised union between adult persons under this ICT Code, regardless of nationality, religion, or gender, entered into voluntarily and in accordance with applicable procedures.

minor means a person under the age of eighteen (18) years unless otherwise provided in this Code or determined by the ICT Court in context-specific circumstances.

parentage means the legal recognition of a person as the parent of a child, whether biological or established by law, adoption, or assisted reproduction.

parental responsibility means all the rights, duties, powers, responsibilities, and authority which by law a parent has in relation to a child and the child’s property.

personal law means the legal system applicable to a person by reason of nationality, religion, domicile, or habitual residence, including customary or religious law recognised under that system.

personal representative means an executor, administrator, guardian, or attorney legally authorised to act on behalf of a deceased or incapacitated person under this ICT Code.

prenuptial agreement means a written contract entered into by two persons before marriage or civil partnership that governs their financial and personal arrangements in the event of separation, divorce, or death.

protective order means an order issued by the ICT Family Court to safeguard a person from harm, including domestic violence, harassment, or coercive control.

recognition of foreign instruments means the legal acceptance, subject to verification and public policy limits, of a foreign court order or legal status for family law purposes.

residence means a person’s habitual or primary place of dwelling within the ICT.

surrogacy means an arrangement by which a woman agrees to carry and give birth to a child for another person or couple who will become the child’s legal parents.

testate succession means inheritance pursuant to a valid and enforceable will.

trust includes express, discretionary, and testamentary trusts recognised under this ICT Code.

will means a legal declaration by which a person designates one or more persons to manage their estate and provide for the distribution of their property after death.