2006 Code of Virginia § 20-49.1 - How parent and child relationship established

20-49.1. How parent and child relationship established.

A. The parent and child relationship between a child and a woman may beestablished prima facie by proof of her having given birth to the child, oras otherwise provided in this chapter.

B. The parent and child relationship between a child and a man may beestablished by:

1. Scientifically reliable genetic tests, including blood tests, which affirmat least a ninety-eight percent probability of paternity. Such genetic testresults shall have the same legal effect as a judgment entered pursuant to 20-49.8.

2. A voluntary written statement of the father and mother made under oathacknowledging paternity and confirming that prior to signing theacknowledgment, the parties were provided with a written and oral descriptionof the rights and responsibilities of acknowledging paternity and theconsequences arising from a signed acknowledgment, including the right torescind. The acknowledgement may be rescinded by either party within sixtydays from the date on which it was signed unless an administrative orjudicial order relating to the child in an action to which the party seekingrescission was a party is entered prior to the rescission. A writtenstatement shall have the same legal effect as a judgment entered pursuant to 20-49.8 and shall be binding and conclusive unless, in a subsequentjudicial proceeding, the person challenging the statement establishes thatthe statement resulted from fraud, duress or a material mistake of fact. Inany subsequent proceeding in which a statement acknowledging paternity issubject to challenge, the legal responsibilities of any person signing itshall not be suspended during the pendency of the proceeding, except for goodcause shown. Written acknowledgments of paternity made under oath by thefather and mother prior to July 1, 1990, shall have the same legal effect asa judgment entered pursuant to 20-49.8.

3. In the absence of such acknowledgment or if the probability of paternityis less than ninety-eight percent, such relationship may be established asotherwise provided in this chapter.

C. The parent and child relationship between a child and an adoptive parentmay be established by proof of lawful adoption.

(1988, cc. 866, 878; 1990, c. 836; 1992, c. 516; 1997, cc. 792, 896; 1998, c.884.)