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FAMILY LAW ACT 1975 - SECT 60F Certain children are children of marriage etc.

FAMILY LAW ACT 1975 - SECT 60F

Certain children are children of marriage etc.

  (1)   For the purposes of this Act, a child is (subject to subsections   (2), (3) and (4)) a child of a marriage if:

  (a)   the child is the child of both parties to the marriage, whether born before or after the marriage; or

  (b)   the child is adopted after the marriage by both parties to the marriage, or by either of them with the consent of the other.

  (2)   A reference in this Act to a child of a marriage includes a reference to a child of:

  (a)   a marriage that has been terminated by divorce or annulled (in Australia or elsewhere); or

  (b)   a marriage that has been terminated by the death of one party to the marriage.

  (3)   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.

  (4)   The following provisions apply in relation to a child of a marriage who is adopted by a prescribed adopting parent:

  (a)   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;

  (b)   in any other case--the child continues to be a child of the marriage for the purposes of this Act.

  (5)   In this section:

"this Act" includes the applicable Rules of Court.

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