Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p12
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 12/86)
Character Range: 85657–88157

husband and wife born before the marriage;

(c) a child who is, under subsection 60H(1), 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 dissolved 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.

Family Court may grant leave for adoption proceedings by prescribed adopting parent

"60G.(1) Subject to subsection (2), the Family Court, the Supreme Court of the Northern Territory or the Family Court of a State may grant leave for proceedings to be commenced for the adoption of a child by a prescribed adopting parent.

"(2) In proceedings for leave under subsection (1), the court must consider whether granting leave would be in the child's best interests, having regard to the effect of paragraph 60F(4)(a) and of sections 61E and 65J.

Note: Division 10 deals with how a court determines a child's best interests.

Children born as a result of artificial conception procedures

"60H.(1) If:

   (a) a child is born to a woman as a result of the carrying out of an artificial conception procedure while the woman was married to a man; and

(b) either of the following paragraphs apply:

       (i) the procedure was carried out with their consent;

       (ii) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of the woman and of the man;

then, whether or not the child is biologically a child of the woman and of the man, the child is their child for the purposes of this Act.

"(2) If:

(a) a child is born to a woman as a result of the carrying out of an artificial conception procedure; and

   (b) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of the woman;

then, whether or not the child is biologically a child of the woman, the