Section 60F — Family Law Act 1975: 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.