Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 4

4. Section 5 of the Principal Act is repealed and the following sections are
substituted: Certain children deemed to be children of a marriage

''5. (1) For the purposes of each application of this Act in relation to a
marriage-

   (a)  a child adopted since the marriage by the husband and wife or by
        either of them with the consent of the other;

   (b)  a child of the husband and wife born before the marriage;

   (c)  a child born to the wife, being a child who, under section 5A, is
        deemed to be the child of the husband;

   (d)  a child born to a former wife of the husband, being a child who, under
        section 5A, is deemed to be the child of the husband, if, at the
        relevant time, the child was ordinarily a member of the household of
        the husband and wife;

   (e)  a child of either the husband or the wife, including-

        (i)    an ex-nuptial child of either of them; and

        (ii)   a child adopted by either of them (whether alone or together
               with another person or other persons),

if, at the relevant time, the child was ordinarily a member of the household
of the husband and wife; and

   (f)  a child (other than a child mentioned in any of the preceding
        paragraphs) who has been, and was at the relevant time, treated by the
        husband and wife as a child of their family, if, at the relevant time,
        the child was ordinarily a member of the household of the husband and
        wife, shall be deemed to be a child of the marriage and a child of the
        husband and wife (including a child born before the marriage) who has
        been adopted by another person or other persons shall be deemed not to
        be a child of the marriage.

''(2) For the purposes of sub-section (1), the relevant time, in relation to
any proceedings, is-

   (a)  if the husband and wife were not living together at the time when the
        proceedings were instituted-the time immediately preceding the time
        when the husband and wife separated, or, if they have separated on
        more than one occasion, the time immediately preceding the time when
        they last separated before the institution of the proceedings; or

   (b)  if the husband and wife were living together at the time when the
        proceedings were instituted-the time immediately preceding the
        institution of the proceedings.

''(3) The provisions of this section apply in relation to a purported marriage
that is void as if the purported marriage were a marriage and as if the
parties to the purported marriage were husband and wife. Certain children
deemed to be children of mother's husband

''5A. (1) A child born to a woman as a result of the carrying out, during the
period in which the woman was married to a man, of a medical procedure in
relation to that woman, being a child who is not biologically the child of
that man, shall, for the purposes of section 5, be deemed to be a child of
that man if-

   (a)  the medical procedure was carried out with the consent of that man; or

   (b)  under an Act or under a law of a State or Territory the child is
        deemed to be the child of that man.

''(2) The provisions of this section apply in relation to a purported marriage
that is void as if the purported marriage were a marriage and as if the
parties to the purported marriage were husband and wife.

''(3) In this section, 'medical procedure' means artificial insemination or
the implantation of an embryo in the body of a woman.''.