Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.