{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-49.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-49.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-49.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-49.1.html"}],"law_id":79167,"edition_id":1,"section_id":79167,"structure_id":13943,"section_number":"20-49.1","catch_line":"How parent and child relationship established","history":"1988, cc. 866, 878; 1990, c. 836; 1992, c. 516; 1997, cc. 792, 896; 1998, c. 884; 2025, c. 547.","full_text":"A\n\nThe parent and child relationship between a child and a woman may be established prima facie by proof of her having given birth to the child, or as otherwise provided in this chapter.B\n\nThe parent and child relationship between a child and a man may be established by:1\n\nScientifically reliable genetic tests, including blood tests, which affirm at least a ninety-eight percent probability of paternity. Such genetic test results shall have the same legal effect as a judgment entered pursuant to § 20-49.8.2\n\nA voluntary written statement of the father and mother made under oath acknowledging paternity and confirming that prior to signing the acknowledgment, the parties were provided with a written and oral description of the rights and responsibilities of acknowledging paternity and the consequences arising from a signed acknowledgment, including the right to rescind. The acknowledgement may be rescinded by either party within sixty days from the date on which it was signed unless an administrative or judicial order relating to the child in an action to which the party seeking rescission was a party is entered prior to the rescission. A written statement shall have the same legal effect as a judgment entered pursuant to § 20-49.8 and shall be binding and conclusive unless, in a subsequent judicial proceeding, the person challenging the statement establishes that the statement resulted from fraud, duress or a material mistake of fact. In any subsequent proceeding in which a statement acknowledging paternity is subject to challenge, the legal responsibilities of any person signing it shall not be suspended during the pendency of the proceeding, except for good cause shown. Written acknowledgments of paternity made under oath by the father and mother prior to July 1, 1990, shall have the same legal effect as a judgment entered pursuant to § 20-49.8.3\n\nIn the absence of such acknowledgment or if the probability of paternity is less than ninety-eight percent, such relationship may be established as otherwise provided in this chapter.C\n\nThe parent and child relationship between a child and an adoptive parent may be established by proof of lawful adoption.D\n\nNo parent and child relationship shall be established when a biological parent has been convicted of a violation of subsection A of § 18.2-61, § 18.2-63, subsection B of § 18.2-366, or an equivalent offense of another state, the United States, or any foreign jurisdiction, or has been found by clear and convincing evidence to have engaged in the conduct prohibited by subsection A of § 18.2-61, § 18.2-63, or subsection B of § 18.2-366, whether or not the biological parent has been charged with or convicted of the alleged violation, and the child was conceived of such violation or conduct.\n\t\t\tThe provisions of this subsection shall not prevent the establishment of a parent and child relationship if (i) after the date of such violation or prohibited conduct, the biological parents cohabitate and establish a mutual custodial environment for the child or (ii) the biological parent who would otherwise rely on this section to prevent the establishment of a parent and child relationship between the child and the biological parent who was convicted of such violation or engaged in such prohibited conduct allows such other parent to establish a parent and child relationship with such child.","order_by":null,"text":{"0":{"id":283515,"text":"The parent and child relationship between a child and a woman may be established prima facie by proof of her having given birth to the child, or as otherwise provided in this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283516,"text":"The parent and child relationship between a child and a man may be established by:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":283517,"text":"Scientifically reliable genetic tests, including blood tests, which affirm at least a ninety-eight percent probability of paternity. Such genetic test results shall have the same legal effect as a judgment entered pursuant to § 20-49.8.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":283518,"text":"A voluntary written statement of the father and mother made under oath acknowledging paternity and confirming that prior to signing the acknowledgment, the parties were provided with a written and oral description of the rights and responsibilities of acknowledging paternity and the consequences arising from a signed acknowledgment, including the right to rescind. The acknowledgement may be rescinded by either party within sixty days from the date on which it was signed unless an administrative or judicial order relating to the child in an action to which the party seeking rescission was a party is entered prior to the rescission. A written statement shall have the same legal effect as a judgment entered pursuant to § 20-49.8 and shall be binding and conclusive unless, in a subsequent judicial proceeding, the person challenging the statement establishes that the statement resulted from fraud, duress or a material mistake of fact. In any subsequent proceeding in which a statement acknowledging paternity is subject to challenge, the legal responsibilities of any person signing it shall not be suspended during the pendency of the proceeding, except for good cause shown. Written acknowledgments of paternity made under oath by the father and mother prior to July 1, 1990, shall have the same legal effect as a judgment entered pursuant to § 20-49.8.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":283519,"text":"In the absence of such acknowledgment or if the probability of paternity is less than ninety-eight percent, such relationship may be established as otherwise provided in this chapter.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":283520,"text":"The parent and child relationship between a child and an adoptive parent may be established by proof of lawful adoption.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":283521,"text":"No parent and child relationship shall be established when a biological parent has been convicted of a violation of subsection A of § 18.2-61, § 18.2-63, subsection B of § 18.2-366, or an equivalent offense of another state, the United States, or any foreign jurisdiction, or has been found by clear and convincing evidence to have engaged in the conduct prohibited by subsection A of § 18.2-61, § 18.2-63, or subsection B of § 18.2-366, whether or not the biological parent has been charged with or convicted of the alleged violation, and the child was conceived of such violation or conduct.\n\t\t\tThe provisions of this subsection shall not prevent the establishment of a parent and child relationship if (i) after the date of such violation or prohibited conduct, the biological parents cohabitate and establish a mutual custodial environment for the child or (ii) the biological parent who would otherwise rely on this section to prevent the establishment of a parent and child relationship between the child and the biological parent who was convicted of such violation or engaged in such prohibited conduct allows such other parent to establish a parent and child relationship with such child.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13943,"edition_id":1,"name":"Proceedings to Determine Parentage","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:46:22","date_modified":"2026-06-26 03:46:22","permalink":{"id":178347,"object_type":"structure","relational_id":13943,"identifier":"3.1","token":"20\/3.1","url":"\/20\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79167,"structure_id":13943,"section_number":"20-49.1","catch_line":"How parent and child relationship established","url":"\/20-49.1\/","token":"20\/3.1\/20-49.1","metadata":false},{"id":60411,"structure_id":13943,"section_number":"20-49.10","catch_line":"Relief from legal determination of paternity","url":"\/20-49.10\/","token":"20\/3.1\/20-49.10","metadata":false},{"id":60564,"structure_id":13943,"section_number":"20-49.2","catch_line":"Commencement of action; parties; jurisdiction","url":"\/20-49.2\/","token":"20\/3.1\/20-49.2","metadata":false},{"id":70927,"structure_id":13943,"section_number":"20-49.3","catch_line":"Admission of genetic tests","url":"\/20-49.3\/","token":"20\/3.1\/20-49.3","metadata":false},{"id":59276,"structure_id":13943,"section_number":"20-49.4","catch_line":"Evidence relating to parentage","url":"\/20-49.4\/","token":"20\/3.1\/20-49.4","metadata":false},{"id":66230,"structure_id":13943,"section_number":"20-49.5","catch_line":"Support of children of unwed parents by the father; testimony under oath","url":"\/20-49.5\/","token":"20\/3.1\/20-49.5","metadata":false},{"id":83066,"structure_id":13943,"section_number":"20-49.6","catch_line":"Proceedings to establish paternity or enforce support obligations of males between the ages of fourteen and eighteen","url":"\/20-49.6\/","token":"20\/3.1\/20-49.6","metadata":false},{"id":73619,"structure_id":13943,"section_number":"20-49.7","catch_line":"Civil actions","url":"\/20-49.7\/","token":"20\/3.1\/20-49.7","metadata":false},{"id":75922,"structure_id":13943,"section_number":"20-49.8","catch_line":"Judgment or order; costs; birth record","url":"\/20-49.8\/","token":"20\/3.1\/20-49.8","metadata":false},{"id":54998,"structure_id":13943,"section_number":"20-49.9","catch_line":"Repealed","url":"\/20-49.9\/","token":"20\/3.1\/20-49.9","metadata":false}],"next_section":{"id":60411,"structure_id":13943,"section_number":"20-49.10","catch_line":"Relief from legal determination of paternity","url":"\/20-49.10\/","token":"20\/3.1\/20-49.10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-49.1\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapters 866 and 878 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 836; in 1992, chapter 516; in 1997, chapters 792<\/a> and 896<\/a>; in 1998, chapter 884<\/a>; in 2025, chapter 547<\/a>.<\/p>","references":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"id":70620,"section_number":"16.1-349","catch_line":"Definitions","order_by":null,"url":"\/16.1-349\/"},{"id":62248,"section_number":"20-162","catch_line":"Contracts not approved by the court; requirements","order_by":null,"url":"\/20-162\/"},{"id":54285,"section_number":"20-164","catch_line":"Relation of parent and child","order_by":null,"url":"\/20-164\/"},{"id":57689,"section_number":"20-61.3","catch_line":"Consequences of a putative father failing to appear","order_by":null,"url":"\/20-61.3\/"},{"id":57240,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","order_by":null,"url":"\/63.2-1202\/"},{"id":80789,"section_number":"63.2-1222","catch_line":"Execution of entrustment agreement by birth parent(s); exceptions; notice and objection to entrustment; copy required to be furnished; requirement for agencies outside the Commonwealth","order_by":null,"url":"\/63.2-1222\/"},{"id":66793,"section_number":"63.2-1224","catch_line":"Explanation of process, legal effects of adoption required","order_by":null,"url":"\/63.2-1224\/"},{"id":56081,"section_number":"63.2-1250","catch_line":"Registration; notice; form","order_by":null,"url":"\/63.2-1250\/"},{"id":74427,"section_number":"63.2-1252","catch_line":"Search of registry","order_by":null,"url":"\/63.2-1252\/"},{"id":80618,"section_number":"63.2-1253","catch_line":"Duty to publicize registry","order_by":null,"url":"\/63.2-1253\/"},{"id":74488,"section_number":"63.2-602","catch_line":"Eligibility for Temporary Assistance for Needy Families (TANF); penalty","order_by":null,"url":"\/63.2-602\/"}],"refers_to":[{"id":76153,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","order_by":null,"url":"\/18.2-366\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":76651,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","order_by":null,"url":"\/18.2-63\/"},{"id":75922,"section_number":"20-49.8","catch_line":"Judgment or order; costs; birth record","order_by":null,"url":"\/20-49.8\/"}],"permalink":{"id":178349,"object_type":"law","relational_id":79167,"identifier":"20-49.1","token":"20\/3.1\/20-49.1","url":"\/20-49.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-49.1\/","token":"20\/3.1\/20-49.1","dublin_core":{"Title":"How parent and child relationship established","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-49.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The parent and child relationship between a child and a woman may be established prima facie by proof of her having given birth to the child, or as otherwise provided in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The parent and child relationship between a child and a man may be established by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Scientifically reliable genetic tests, including blood tests, which affirm<\/span> at least a ninety-eight percent probability of paternity. Such genetic test results shall have the same legal effect as a judgment<\/span> entered pursuant to § 20-49.8<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A voluntary written statement of the father and mother made under oath<\/span> acknowledging paternity and confirming that prior to signing the acknowledgment, the parties were provided with a written and oral description of the rights and responsibilities of acknowledging paternity and the consequences arising from a signed acknowledgment, including the right to rescind. The acknowledgement may be rescinded by either party<\/span> within sixty days from the date on which it was signed unless an administrative or judicial order<\/span> relating to the child in an action to which the party<\/span> seeking rescission was a party<\/span> is entered prior to the rescission. A written statement shall have the same legal effect as a judgment<\/span> entered pursuant to § 20-49.8<\/a> and shall be binding and conclusive unless, in a subsequent judicial proceeding, the person challenging the statement establishes that the statement resulted from fraud<\/span>, duress or a material<\/span> mistake of fact<\/span>. In any subsequent proceeding in which a statement acknowledging paternity is subject to challenge, the legal responsibilities of any person signing it shall not be suspended during the pendency of the proceeding, except for good cause shown. Written acknowledgments of paternity made under oath<\/span> by the father and mother prior to July 1, 1990, shall have the same legal effect as a judgment<\/span> entered pursuant to § 20-49.8<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In the absence of such acknowledgment or if the probability of paternity is less than ninety-eight percent, such relationship may be established as otherwise provided in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The parent and child relationship between a child and an adoptive parent may be established by proof of lawful adoption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No parent and child relationship shall be established when a biological parent has been convicted of a violation of subsection A of § 18.2-61<\/a>, § 18.2-63<\/a>, subsection B of § 18.2-366<\/a>, or an equivalent offense<\/span> of another state, the United States, or any foreign jurisdiction<\/span>, or has been found by clear and convincing evidence<\/span> to have engaged in the conduct prohibited by subsection A of § 18.2-61<\/a>, § 18.2-63<\/a>, or subsection B of § 18.2-366<\/a>, whether or not the biological parent has been charged with or convicted of the alleged violation, and the child was conceived of such violation or conduct.\n\t\t\tThe provisions of this subsection shall not prevent the establishment of a parent and child relationship if (i) after the date of such violation or prohibited conduct, the biological parents cohabitate and establish a mutual custodial environment for the child or (ii) the biological parent who would otherwise rely on this section to prevent the establishment of a parent and child relationship between the child and the biological parent who was convicted of such violation or engaged in such prohibited conduct allows such other parent to establish a parent and child relationship with such child. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOW PARENT AND CHILD RELATIONSHIP ESTABLISHED (\u00a7 20-49.1)\n\nA. The parent and child relationship between a child and a woman may be\nestablished prima facie by proof of her having given birth to the child, or as\notherwise provided in this chapter.\n\nB. The parent and child relationship between a child and a man may be\nestablished by:\n\n 1. Scientifically reliable genetic tests, including blood tests, which affirm\n at least a ninety-eight percent probability of paternity. Such genetic test\n results shall have the same legal effect as a judgment entered pursuant to\n § 20-49.8.\n\n 2. A voluntary written statement of the father and mother made under oath\n acknowledging paternity and confirming that prior to signing the\n acknowledgment, the parties were provided with a written and oral description\n of the rights and responsibilities of acknowledging paternity and the\n consequences arising from a signed acknowledgment, including the right to\n rescind. The acknowledgement may be rescinded by either party within sixty\n days from the date on which it was signed unless an administrative or judicial\n order relating to the child in an action to which the party seeking rescission\n was a party is entered prior to the rescission. A written statement shall have\n the same legal effect as a judgment entered pursuant to § 20-49.8 and\n shall be binding and conclusive unless, in a subsequent judicial proceeding,\n the person challenging the statement establishes that the statement resulted\n from fraud, duress or a material mistake of fact. In any subsequent proceeding\n in which a statement acknowledging paternity is subject to challenge, the\n legal responsibilities of any person signing it shall not be suspended during\n the pendency of the proceeding, except for good cause shown. Written\n acknowledgments of paternity made under oath by the father and mother prior to\n July 1, 1990, shall have the same legal effect as a judgment entered pursuant\n to § 20-49.8.\n\n 3. In the absence of such acknowledgment or if the probability of paternity is\n less than ninety-eight percent, such relationship may be established as\n otherwise provided in this chapter.\n\nC. The parent and child relationship between a child and an adoptive parent may\nbe established by proof of lawful adoption.\n\nD. No parent and child relationship shall be established when a biological\nparent has been convicted of a violation of subsection A of § 18.2-61,\n§ 18.2-63, subsection B of § 18.2-366, or an equivalent offense of\nanother state, the United States, or any foreign jurisdiction, or has been found\nby clear and convincing evidence to have engaged in the conduct prohibited by\nsubsection A of § 18.2-61, § 18.2-63, or subsection B of §\n18.2-366, whether or not the biological parent has been charged with or\nconvicted of the alleged violation, and the child was conceived of such\nviolation or conduct.\n\t\t\tThe provisions of this subsection shall not prevent the establishment of a\nparent and child relationship if (i) after the date of such violation or\nprohibited conduct, the biological parents cohabitate and establish a mutual\ncustodial environment for the child or (ii) the biological parent who would\notherwise rely on this section to prevent the establishment of a parent and\nchild relationship between the child and the biological parent who was convicted\nof such violation or engaged in such prohibited conduct allows such other parent\nto establish a parent and child relationship with such child.\n\nHISTORY: 1988, cc. 866, 878; 1990, c. 836; 1992, c. 516; 1997, cc. 792, 896;\n1998, c. 884; 2025, c. 547.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}