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Home » US Law » 2022 Code of Virginia » Title 20 - Domestic Relations » Chapter 3.1 - Proceedings to Determine Parentage

§ 20-49.1. How parent and child relationship established

A. The parent and child relationship between a child and a woman may be established prima facie by proof of her having given birth to the child, or as otherwise provided in this chapter. B. The parent and child relationship between a child and a man may be established by: 1. Scientifically reliable genetic tests, […]

§ 20-49.10. Relief from legal determination of paternity

An individual may file a petition for relief and, except as provided herein, the court may set aside a final judgment, court order, administrative order, obligation to pay child support or any legal determination of paternity if a scientifically reliable genetic test performed in accordance with this chapter establishes the exclusion of the individual named […]

§ 20-49.2. Commencement of action; parties; jurisdiction

Proceedings under this chapter may be instituted upon petition, verified by oath or affirmation, filed by a child, a parent, a person claiming parentage, a person standing in loco parentis to the child or having legal custody of the child or a representative of the Department of Social Services or the Department of Juvenile Justice. […]

§ 20-49.3. Admission of genetic tests

A. In the trial of any matter in any court in which the question of parentage arises, the court, upon its own motion or upon motion of either party, may and, in cases in which child support is in issue, shall direct and order that the alleged parents and the child submit to scientifically reliable […]

§ 20-49.4. Evidence relating to parentage

The standard of proof in any action to establish parentage shall be by clear and convincing evidence. All relevant evidence on the issue of paternity shall be admissible. Such evidence may include, but shall not be limited to, the following: 1. Evidence of open cohabitation or sexual intercourse between the known parent and the alleged […]

§ 20-49.7. Civil actions

An action brought under this chapter is a civil action. The natural parent and the alleged parent are competent to testify. Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth shall not be privileged. Bills for expenses incurred for pregnancy, childbirth and genetic […]

§ 20-49.8. Judgment or order; costs; birth record

A. A judgment or order establishing parentage may include any provision directed against the appropriate party to the proceeding, concerning the duty of support, including an equitable apportionment of the expenses incurred on behalf of the child from the date the proceeding under this chapter was filed with the court against the alleged parent or, […]