State Codes and Statutes
Statutes > Virginia > Title-20 > Chapter-3-1 > 20-49-10§ 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 ascientifically reliable genetic test performed in accordance with thischapter establishes the exclusion of the individual named as a father in thelegal determination. The court shall appoint a guardian ad litem torepresent the interest of the child. The petitioner shall pay the costs ofsuch test. A court that sets aside a determination of paternity in accordancewith this section shall order completion of a new birth record and may orderany other appropriate relief, including setting aside an obligation to paychild support. No support order may be retroactively modified, but may bemodified with respect to any period during which there is a pending petitionfor relief from a determination of paternity, but only from the date thatnotice of the petition was served on the nonfiling party.
A court shall not grant relief from determination of paternity if theindividual named as father (i) acknowledged paternity knowing he was not thefather, (ii) adopted the child, or (iii) knew that the child was conceivedthrough artificial insemination.
(2001, c. 814.)
