State Codes and Statutes

Statutes > Virginia > Title-64-1 > Chapter-1 > 64-1-5-2

§ 64.1-5.2. Evidence of paternity.

For the purposes of this title, evidence that a man is the father of a childborn out of wedlock shall be clear and convincing and may include, but shallnot be limited to, the following:

1. That he cohabited openly with the mother during all of the ten monthsimmediately prior to the time the child was born;

2. That he gave consent to a physician or other person, not including themother, charged with the responsibility of securing information for thepreparation of a birth record that his name be used as the father of thechild upon the birth records of the child;

3. That he allowed by a general course of conduct the common use of hissurname by the child;

4. That he claimed the child as his child on any statement, tax return orother document filed and signed by him with any local, state or federalgovernment or any agency thereof;

5. That he admitted before any court having jurisdiction to try and disposeof the same that he is the father of the child;

6. That he voluntarily admitted paternity in writing, under oath;

7. The results of scientifically reliable genetic tests, including DNA tests,weighted with all the evidence; or

8. Other medical, scientific or anthropological evidence relating to thealleged parentage of the child based on tests performed by experts.

If a proceeding to determine parentage has been initiated and concludedpursuant to former § 20-61.1 or Chapter 3.1 (§ 20-49.1 et seq.) of Title 20,and the court enters a judgment against a man for the support, maintenanceand education of a child as if the child were born in lawful wedlock to theman, that judgment shall be sufficient evidence of paternity for the purposesof this section.

(1978, c. 647; 1989, c. 466; 1991, c. 479; 1999, c. 781.)

State Codes and Statutes

Statutes > Virginia > Title-64-1 > Chapter-1 > 64-1-5-2

§ 64.1-5.2. Evidence of paternity.

For the purposes of this title, evidence that a man is the father of a childborn out of wedlock shall be clear and convincing and may include, but shallnot be limited to, the following:

1. That he cohabited openly with the mother during all of the ten monthsimmediately prior to the time the child was born;

2. That he gave consent to a physician or other person, not including themother, charged with the responsibility of securing information for thepreparation of a birth record that his name be used as the father of thechild upon the birth records of the child;

3. That he allowed by a general course of conduct the common use of hissurname by the child;

4. That he claimed the child as his child on any statement, tax return orother document filed and signed by him with any local, state or federalgovernment or any agency thereof;

5. That he admitted before any court having jurisdiction to try and disposeof the same that he is the father of the child;

6. That he voluntarily admitted paternity in writing, under oath;

7. The results of scientifically reliable genetic tests, including DNA tests,weighted with all the evidence; or

8. Other medical, scientific or anthropological evidence relating to thealleged parentage of the child based on tests performed by experts.

If a proceeding to determine parentage has been initiated and concludedpursuant to former § 20-61.1 or Chapter 3.1 (§ 20-49.1 et seq.) of Title 20,and the court enters a judgment against a man for the support, maintenanceand education of a child as if the child were born in lawful wedlock to theman, that judgment shall be sufficient evidence of paternity for the purposesof this section.

(1978, c. 647; 1989, c. 466; 1991, c. 479; 1999, c. 781.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-64-1 > Chapter-1 > 64-1-5-2

§ 64.1-5.2. Evidence of paternity.

For the purposes of this title, evidence that a man is the father of a childborn out of wedlock shall be clear and convincing and may include, but shallnot be limited to, the following:

1. That he cohabited openly with the mother during all of the ten monthsimmediately prior to the time the child was born;

2. That he gave consent to a physician or other person, not including themother, charged with the responsibility of securing information for thepreparation of a birth record that his name be used as the father of thechild upon the birth records of the child;

3. That he allowed by a general course of conduct the common use of hissurname by the child;

4. That he claimed the child as his child on any statement, tax return orother document filed and signed by him with any local, state or federalgovernment or any agency thereof;

5. That he admitted before any court having jurisdiction to try and disposeof the same that he is the father of the child;

6. That he voluntarily admitted paternity in writing, under oath;

7. The results of scientifically reliable genetic tests, including DNA tests,weighted with all the evidence; or

8. Other medical, scientific or anthropological evidence relating to thealleged parentage of the child based on tests performed by experts.

If a proceeding to determine parentage has been initiated and concludedpursuant to former § 20-61.1 or Chapter 3.1 (§ 20-49.1 et seq.) of Title 20,and the court enters a judgment against a man for the support, maintenanceand education of a child as if the child were born in lawful wedlock to theman, that judgment shall be sufficient evidence of paternity for the purposesof this section.

(1978, c. 647; 1989, c. 466; 1991, c. 479; 1999, c. 781.)