Where a disposition depends on the date of birth of a child who was born illegitimate and who is adopted by one of the natural parents as sole adoptive parent, section 42(2) does not affect entitlement under Part II of the Family Law Reform Act 1969 (illegitimate children).
Subsection (1) applies for example where—
a testator dies in 1976 bequeathing a legacy to his eldest grandchild living at a specified time,
his daughter has an illegitimate child in 1977 who is the first grandchild,
his married son has a child in 1978,
subsequently the illegitimate child is adopted by the mother as sole adoptive parent,
and in all those cases the daughter’s child remains the eldest grandchild of the testator throughout.