If, for purposes of this title or for determining rights in and to propertypursuant to any deed, will, trust or other instrument, a relationship ofparent and child must be established to determine succession or a taking by,through or from a person:
1. An adopted person is the child of an adopting parent and not of thebiological parents, except that adoption of a child by the spouse of abiological parent has no effect on the relationship between the child andeither biological parent.
2. The parentage of a child resulting from assisted conception shall bedetermined as provided in Chapter 9 (§ 20-156 et seq.) of Title 20.
3. In cases not covered by subdivision 1 or 2 hereof, a person born out ofwedlock is a child of the mother. That person is also a child of the father,if:
a. The biological parents participated in a marriage ceremony before or afterthe birth of the child, even though the attempted marriage was prohibited bylaw, deemed null or void or dissolved by a court; or
b. The paternity is established by clear and convincing evidence, includingscientifically reliable genetic testing, as set forth in § 64.1-5.2; however,paternity establishment pursuant to this subdivision b shall be ineffectiveto qualify the father or his kindred to inherit from or through the childunless the father has openly treated the child as his and has not refused tosupport the child.
4. No claim of succession based upon the relationship between a child bornout of wedlock and a deceased parent of such child shall be recognized unlessan affidavit by such child or by someone acting for such child alleging suchparenthood has been filed within one year of the date of the death of suchparent in the clerk's office of the circuit court of the jurisdiction whereinthe property affected by such claim is located and an action seekingadjudication of parenthood is filed in an appropriate circuit court withinsaid time. However, such one-year period shall run notwithstanding theminority of such child. The limitation period of the preceding sentence shallnot apply in those cases where the relationship between the child born out ofwedlock and the parent in question is (i) established by a birth recordprepared upon information given by or at the request of such parent; or (ii)by admission by such parent of parenthood before any court or in writingunder oath; or (iii) by a previously concluded proceeding to determineparentage pursuant to the provisions of former § 20-61.1 or Chapter 3.1 (§20-49.1 et seq.) of Title 20.
5. Unless otherwise specifically provided therein, an order terminatingresidual parental rights under § 16.1-283 shall terminate the rights of theparent to take from or through the child in question but the order shall nototherwise affect the rights of the child, the child's kindred, or theparent's kindred to take from or through the parent or the rights of theparent's kindred to take from or through the child.
(1978, c. 647; 1989, c. 466; 1994, c. 919; 1998, c. 603; 1999, c. 781; 2009,c. 449.)
If, for purposes of this title or for determining rights in and to propertypursuant to any deed, will, trust or other instrument, a relationship ofparent and child must be established to determine succession or a taking by,through or from a person:
1. An adopted person is the child of an adopting parent and not of thebiological parents, except that adoption of a child by the spouse of abiological parent has no effect on the relationship between the child andeither biological parent.
2. The parentage of a child resulting from assisted conception shall bedetermined as provided in Chapter 9 (§ 20-156 et seq.) of Title 20.
3. In cases not covered by subdivision 1 or 2 hereof, a person born out ofwedlock is a child of the mother. That person is also a child of the father,if:
a. The biological parents participated in a marriage ceremony before or afterthe birth of the child, even though the attempted marriage was prohibited bylaw, deemed null or void or dissolved by a court; or
b. The paternity is established by clear and convincing evidence, includingscientifically reliable genetic testing, as set forth in § 64.1-5.2; however,paternity establishment pursuant to this subdivision b shall be ineffectiveto qualify the father or his kindred to inherit from or through the childunless the father has openly treated the child as his and has not refused tosupport the child.
4. No claim of succession based upon the relationship between a child bornout of wedlock and a deceased parent of such child shall be recognized unlessan affidavit by such child or by someone acting for such child alleging suchparenthood has been filed within one year of the date of the death of suchparent in the clerk's office of the circuit court of the jurisdiction whereinthe property affected by such claim is located and an action seekingadjudication of parenthood is filed in an appropriate circuit court withinsaid time. However, such one-year period shall run notwithstanding theminority of such child. The limitation period of the preceding sentence shallnot apply in those cases where the relationship between the child born out ofwedlock and the parent in question is (i) established by a birth recordprepared upon information given by or at the request of such parent; or (ii)by admission by such parent of parenthood before any court or in writingunder oath; or (iii) by a previously concluded proceeding to determineparentage pursuant to the provisions of former § 20-61.1 or Chapter 3.1 (§20-49.1 et seq.) of Title 20.
5. Unless otherwise specifically provided therein, an order terminatingresidual parental rights under § 16.1-283 shall terminate the rights of theparent to take from or through the child in question but the order shall nototherwise affect the rights of the child, the child's kindred, or theparent's kindred to take from or through the parent or the rights of theparent's kindred to take from or through the child.
(1978, c. 647; 1989, c. 466; 1994, c. 919; 1998, c. 603; 1999, c. 781; 2009,c. 449.)
If, for purposes of this title or for determining rights in and to propertypursuant to any deed, will, trust or other instrument, a relationship ofparent and child must be established to determine succession or a taking by,through or from a person:
1. An adopted person is the child of an adopting parent and not of thebiological parents, except that adoption of a child by the spouse of abiological parent has no effect on the relationship between the child andeither biological parent.
2. The parentage of a child resulting from assisted conception shall bedetermined as provided in Chapter 9 (§ 20-156 et seq.) of Title 20.
3. In cases not covered by subdivision 1 or 2 hereof, a person born out ofwedlock is a child of the mother. That person is also a child of the father,if:
a. The biological parents participated in a marriage ceremony before or afterthe birth of the child, even though the attempted marriage was prohibited bylaw, deemed null or void or dissolved by a court; or
b. The paternity is established by clear and convincing evidence, includingscientifically reliable genetic testing, as set forth in § 64.1-5.2; however,paternity establishment pursuant to this subdivision b shall be ineffectiveto qualify the father or his kindred to inherit from or through the childunless the father has openly treated the child as his and has not refused tosupport the child.
4. No claim of succession based upon the relationship between a child bornout of wedlock and a deceased parent of such child shall be recognized unlessan affidavit by such child or by someone acting for such child alleging suchparenthood has been filed within one year of the date of the death of suchparent in the clerk's office of the circuit court of the jurisdiction whereinthe property affected by such claim is located and an action seekingadjudication of parenthood is filed in an appropriate circuit court withinsaid time. However, such one-year period shall run notwithstanding theminority of such child. The limitation period of the preceding sentence shallnot apply in those cases where the relationship between the child born out ofwedlock and the parent in question is (i) established by a birth recordprepared upon information given by or at the request of such parent; or (ii)by admission by such parent of parenthood before any court or in writingunder oath; or (iii) by a previously concluded proceeding to determineparentage pursuant to the provisions of former § 20-61.1 or Chapter 3.1 (§20-49.1 et seq.) of Title 20.
5. Unless otherwise specifically provided therein, an order terminatingresidual parental rights under § 16.1-283 shall terminate the rights of theparent to take from or through the child in question but the order shall nototherwise affect the rights of the child, the child's kindred, or theparent's kindred to take from or through the parent or the rights of theparent's kindred to take from or through the child.
(1978, c. 647; 1989, c. 466; 1994, c. 919; 1998, c. 603; 1999, c. 781; 2009,c. 449.)
