Certain children are children of marriage etc
60F Certain children are children of marriage etc
For the purposes of this Act, a child is (subject to subsections (2), (3) and (4)) a child of a marriage if:
the child is the child of both parties to the marriage, whether born before or after the marriage; or
the child is adopted after the marriage by both parties to the marriage, or by either of them with the consent of the other.
A reference in this Act to a child of a marriage includes a reference to a child of:
a marriage that has been terminated by divorce or annulled (in Australia or elsewhere); or
a marriage that has been terminated by the death of one party to the marriage.
A child of a marriage who is adopted by a person who, before the adoption, is not a prescribed adopting parent ceases to be a child of that marriage for the purposes of this Act.
The following provisions apply in relation to a child of a marriage who is adopted by a prescribed adopting parent:
if a court granted leave under section 60G for the adoption proceedings to be commenced—the child ceases to be a child of the marriage for the purposes of this Act;
in any other case—the child continues to be a child of the marriage for the purposes of this Act.
In this section:
this Act includes the applicable Rules of Court.
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