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.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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