§ 20-49.4 Evidence relating to parentage
The standard of proof in any action to establish parentage shall be by clear and convincing evidence. Any statements made by a parent in a proceeding held pursuant to this chapter shall be inadmissible in a subsequent criminal proceeding relating to the conception of a child, except for purposes of impeachment. All relevant evidence on the issue of paternity shall be admissible. Such evidence may include, but shall not be limited to, the following:
1. Evidence of open cohabitation or sexual intercourse between the known parent and the alleged parent at the probable time of conception;
2. Medical or anthropological evidence relating to the alleged parentage of the child based on tests performed by experts. If a person has been identified by the mother as the putative father of the child, the court may, and upon request of a party shall, require the child, the known parent, and the alleged parent to submit to appropriate tests;
3. The results of scientifically reliable genetic tests, including blood tests, if available, weighted with all the evidence;
4. Evidence of the alleged parent consenting to or acknowledging, by a general course of conduct, the common use of such parent’s surname by the child;
5. Evidence of the alleged parent claiming the child as his child on any statement, tax return or other document filed by him with any state, local or federal government or any agency thereof;
6. A true copy of an acknowledgment pursuant to § 20-49.5; and
7. An admission by a male between the ages of fourteen and eighteen pursuant to § 20-49.6.
History
This law was first created in 1988. The record of its establishment is cataloged in chapters 866 and 878 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 “Acts” aren’t available online. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 516; in 2025, chapter 547.
1988, cc. 866, 878; 1992, c. 516; 2025, c. 547.