{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-49.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-49.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-49.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-49.3.html"}],"law_id":70927,"edition_id":1,"section_id":70927,"structure_id":13943,"section_number":"20-49.3","catch_line":"Admission of genetic tests","history":"1988, cc. 866, 878; 1989, c. 598; 1992, c. 516; 1997, cc. 792, 896.","full_text":"A\n\nIn the trial of any matter in any court in which the question of parentage arises, the court, upon its own motion or upon motion of either party, may and, in cases in which child support is in issue, shall direct and order that the alleged parents and the child submit to scientifically reliable genetic tests including blood tests. The motion of a party shall be accompanied by a sworn statement either (i) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties or (ii) denying paternity.B\n\nThe court shall require the person requesting such genetic test, including a blood test, to pay the cost. However, if such person is indigent, the Commonwealth shall pay for the test. The court may, in its discretion, assess the costs of the test to the party or parties determined to be the parent or parents.C\n\nThe results of a scientifically reliable genetic test, including a blood test, may be admitted in evidence when contained in a written report prepared and sworn to by a duly qualified expert, provided the written results are filed with the clerk of the court hearing the case at least fifteen days prior to the hearing or trial. Verified documentary evidence of the chain of custody of the blood specimens is competent evidence to establish the chain of custody. Any qualified expert performing such test outside the Commonwealth shall consent to service of process through the Secretary of the Commonwealth by filing with the clerk of the court the written results. Upon motion of any party in interest, the court may require the person making the analysis to appear as a witness and be subject to cross-examination, provided that the motion is made at least seven days prior to the hearing or trial. The court may require the person making the motion to pay into court the anticipated costs and fees of the witness or adequate security for such costs and fees.","order_by":null,"text":{"0":{"id":255768,"text":"In the trial of any matter in any court in which the question of parentage arises, the court, upon its own motion or upon motion of either party, may and, in cases in which child support is in issue, shall direct and order that the alleged parents and the child submit to scientifically reliable genetic tests including blood tests. The motion of a party shall be accompanied by a sworn statement either (i) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties or (ii) denying paternity.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255769,"text":"The court shall require the person requesting such genetic test, including a blood test, to pay the cost. However, if such person is indigent, the Commonwealth shall pay for the test. The court may, in its discretion, assess the costs of the test to the party or parties determined to be the parent or parents.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":255770,"text":"The results of a scientifically reliable genetic test, including a blood test, may be admitted in evidence when contained in a written report prepared and sworn to by a duly qualified expert, provided the written results are filed with the clerk of the court hearing the case at least fifteen days prior to the hearing or trial. Verified documentary evidence of the chain of custody of the blood specimens is competent evidence to establish the chain of custody. Any qualified expert performing such test outside the Commonwealth shall consent to service of process through the Secretary of the Commonwealth by filing with the clerk of the court the written results. Upon motion of any party in interest, the court may require the person making the analysis to appear as a witness and be subject to cross-examination, provided that the motion is made at least seven days prior to the hearing or trial. The court may require the person making the motion to pay into court the anticipated costs and fees of the witness or adequate security for such costs and fees.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-49.3\/","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 3 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 1989, chapter 598; in 1992, chapter 516; in 1997, chapters 792<\/a> and 896<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":178361,"object_type":"law","relational_id":70927,"identifier":"20-49.3","token":"20\/3.1\/20-49.3","url":"\/20-49.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-49.3\/","token":"20\/3.1\/20-49.3","dublin_core":{"Title":"Admission of genetic tests","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-49.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the trial<\/span> of any matter in any court<\/span> in which the question of parentage arises, the court<\/span>, upon its own motion<\/span> or upon motion<\/span> of either party<\/span>, may and, in cases in which child support is in issue<\/span>, shall direct and order<\/span> that the alleged parents and the child submit to scientifically reliable genetic tests including blood tests. The motion<\/span> of a party<\/span> shall be accompanied by a sworn statement either (i) alleging paternity and setting forth facts<\/span> establishing a reasonable possibility of the requisite sexual contact between the parties or (ii) denying paternity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> shall require the person requesting such genetic test, including a blood test, to pay the cost. However, if such person is indigent<\/span>, the Commonwealth shall pay for the test. The court<\/span> may, in its discretion, assess the costs of the test to the party<\/span> or parties determined to be the parent or parents. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The results of a scientifically reliable genetic test, including a blood test, may be admitted in evidence<\/span> when contained in a written report prepared and sworn to by a duly qualified expert, provided the written results are filed with the clerk of the court<\/span> hearing<\/span> the case at least fifteen days prior to the hearing<\/span> or trial<\/span>. Verified documentary evidence<\/span> of the chain of custody<\/span> of the blood specimens is competent evidence<\/span> to establish the chain of custody<\/span>. Any qualified expert performing such test outside the Commonwealth shall consent to service of process<\/span> through the Secretary of the Commonwealth by filing with the clerk of the court<\/span> the written results. Upon motion<\/span> of any party in interest<\/span>, the court<\/span> may require the person making the analysis to appear as a witness<\/span> and be subject to cross-examination, provided that the motion<\/span> is made at least seven days prior to the hearing<\/span> or trial<\/span>. The court<\/span> may require the person making the motion<\/span> to pay into court<\/span> the anticipated costs and fees of the witness<\/span> or adequate security for such costs and fees. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMISSION OF GENETIC TESTS (\u00a7 20-49.3)\n\nA. In the trial of any matter in any court in which the question of parentage\narises, the court, upon its own motion or upon motion of either party, may and,\nin cases in which child support is in issue, shall direct and order that the\nalleged parents and the child submit to scientifically reliable genetic tests\nincluding blood tests. The motion of a party shall be accompanied by a sworn\nstatement either (i) alleging paternity and setting forth facts establishing a\nreasonable possibility of the requisite sexual contact between the parties or\n(ii) denying paternity.\n\nB. The court shall require the person requesting such genetic test, including a\nblood test, to pay the cost. However, if such person is indigent, the\nCommonwealth shall pay for the test. The court may, in its discretion, assess\nthe costs of the test to the party or parties determined to be the parent or\nparents.\n\nC. The results of a scientifically reliable genetic test, including a blood\ntest, may be admitted in evidence when contained in a written report prepared\nand sworn to by a duly qualified expert, provided the written results are filed\nwith the clerk of the court hearing the case at least fifteen days prior to the\nhearing or trial. Verified documentary evidence of the chain of custody of the\nblood specimens is competent evidence to establish the chain of custody. Any\nqualified expert performing such test outside the Commonwealth shall consent to\nservice of process through the Secretary of the Commonwealth by filing with the\nclerk of the court the written results. Upon motion of any party in interest,\nthe court may require the person making the analysis to appear as a witness and\nbe subject to cross-examination, provided that the motion is made at least seven\ndays prior to the hearing or trial. The court may require the person making the\nmotion to pay into court the anticipated costs and fees of the witness or\nadequate security for such costs and fees.\n\nHISTORY: 1988, cc. 866, 878; 1989, c. 598; 1992, c. 516; 1997, cc. 792, 896.","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}}