2006 Code of Virginia § 63.2-1914 - Hospital paternity establishment programs

63.2-1914. Hospital paternity establishment programs.

Each public and private birthing hospital in the Commonwealth shall provideunwed parents the opportunity to legally establish the paternity of a childprior to the child's discharge from the hospital following birth, by means ofa voluntary acknowledgment of paternity signed by the mother and the father,under oath.

Birthing hospitals are defined as hospitals with licensed obstetric-careunits, hospitals licensed to provide obstetric services, or licensed birthingcenters associated with a hospital. Birthing centers are facilities outsidehospitals that provide maternity services.

Designated staff members of such hospitals shall provide to both the motherand the alleged father, if he is present at the hospital, (i) writtenmaterials regarding paternity establishment, (ii) the forms necessary tovoluntarily acknowledge paternity, (iii) a written and oral description ofthe rights and responsibilities of acknowledging paternity, and (iv) theopportunity, prior to the child's discharge from the hospital, to speak withstaff who are trained to provide information and answer questions aboutpaternity establishment. The provision by designated hospital staff membersof the information required by this section, consistent with federalregulations, shall not constitute the unauthorized practice of law pursuantto Chapter 39 ( 54.1-3900 et seq.) of Title 54.1.

Hospitals shall send the original acknowledgment of paternity containing thesocial security numbers, if available, of both parents, with the informationrequired by Article 2 ( 32.1-257 et seq.) of Chapter 7 of Title 32.1, to theState Registrar of Vital Records so that the birth certificate issuedincludes the name of the legal father of the child.

The Department shall (a) provide to birthing hospitals all necessarymaterials and forms, and a written description of the rights andresponsibilities related to voluntary acknowledgment of paternity; (b)provide the necessary training, guidance and written instructions regardingvoluntary acknowledgment of paternity; (c) annually assess each birthinghospital's paternity establishment program; (d) pay to each hospital anamount determined by regulation of the Board for each acknowledgment ofpaternity signed under oath by both parents; and (e) determine if a voluntaryacknowledgment has been filed with the State Registrar of Vital Records incases applying for paternity establishment services.

(1994, c. 718, 20-49.9; 1997, cc. 792, 896; 2002, c. 747.)