Commonwealth Consolidated Acts

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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:

                     (a)  the standard Rules of Court; and

                     (b)  the related Federal Circuit Court Rules.



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