Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 60F

Certain children are children of marriage etc.

             (1)  A reference in this Act to a child of a marriage includes, subject to subsection (3), a reference to each of the following children:

                     (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 who is, under subsection 60H(1) or section 60HB, the child of the husband and wife.

             (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.

          (4A)  To avoid doubt, for the purposes of this Act, a child of a marriage is a child of the husband and of the wife in the marriage.

             (5)  In this section:

"this Act " includes:

                     (a)  the standard Rules of Court; and

                     (b)  the related Federal Circuit Court Rules.



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