Document ID: chunk:federal_register_of_legislation:C2024C00859:section:60f
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 60F
Character Range: 220010–221333

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 the applicable Rules of Court.