{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-49.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-49.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-49.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-49.4.html"}],"law_id":59276,"edition_id":1,"section_id":59276,"structure_id":13943,"section_number":"20-49.4","catch_line":"Evidence relating to parentage","history":"1988, cc. 866, 878; 1992, c. 516; 2025, c. 547.","full_text":"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:\n\n1\n\nEvidence of open cohabitation or sexual intercourse between the known parent and the alleged parent at the probable time of conception;2\n\nMedical 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\n\nThe results of scientifically reliable genetic tests, including blood tests, if available, weighted with all the evidence;4\n\nEvidence 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\n\nEvidence 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\n\nA true copy of an acknowledgment pursuant to § 20-49.5; and7\n\nAn admission by a male between the ages of fourteen and eighteen pursuant to § 20-49.6.","order_by":null,"text":{"0":{"id":217264,"text":"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:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":217265,"text":"Evidence of open cohabitation or sexual intercourse between the known parent and the alleged parent at the probable time of conception;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":217266,"text":"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;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":217267,"text":"The results of scientifically reliable genetic tests, including blood tests, if available, weighted with all the evidence;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":217268,"text":"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;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":217269,"text":"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;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":217270,"text":"A true copy of an acknowledgment pursuant to § 20-49.5; and","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":217271,"text":"An admission by a male between the ages of fourteen and eighteen pursuant to § 20-49.6.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-49.4\/","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 2 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 1992, chapter 516; in 2025, chapter 547<\/a>.<\/p>","references":false,"refers_to":[{"id":66230,"section_number":"20-49.5","catch_line":"Support of children of unwed parents by the father; testimony under oath","order_by":null,"url":"\/20-49.5\/"},{"id":83066,"section_number":"20-49.6","catch_line":"Proceedings to establish paternity or enforce support obligations of males between the ages of fourteen and eighteen","order_by":null,"url":"\/20-49.6\/"}],"permalink":{"id":178365,"object_type":"law","relational_id":59276,"identifier":"20-49.4","token":"20\/3.1\/20-49.4","url":"\/20-49.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-49.4\/","token":"20\/3.1\/20-49.4","dublin_core":{"Title":"Evidence relating to parentage","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-49.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The standard of proof<\/span> in any action to establish parentage shall be by clear and convincing evidence<\/span>. 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<\/span>. All relevant evidence<\/span> on the issue<\/span> of paternity shall be admissible<\/span>. Such evidence<\/span> may include, but shall not be limited to, the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Evidence<\/span> of open cohabitation or sexual intercourse between the known parent and the alleged parent at the probable time of conception; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Medical or anthropological evidence<\/span> 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<\/span> may, and upon request of a party<\/span> shall, require the child, the known parent, and the alleged parent to submit to appropriate tests; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The results of scientifically reliable genetic tests, including blood tests, if available, weighted with all the evidence<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Evidence<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Evidence<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> A true copy of an acknowledgment pursuant to § 20-49.5<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> An admission by a male between the ages of fourteen and eighteen pursuant to § 20-49.6<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENCE RELATING TO PARENTAGE (\u00a7 20-49.4)\n\nThe standard of proof in any action to establish parentage shall be by clear and\nconvincing evidence. Any statements made by a parent in a proceeding held\npursuant to this chapter shall be inadmissible in a subsequent criminal\nproceeding relating to the conception of a child, except for purposes of\nimpeachment. All relevant evidence on the issue of paternity shall be\nadmissible. Such evidence may include, but shall not be limited to, the\nfollowing:\n\n1. Evidence of open cohabitation or sexual intercourse between the known parent\nand the alleged parent at the probable time of conception;\n\n2. Medical or anthropological evidence relating to the alleged parentage of the\nchild based on tests performed by experts. If a person has been identified by\nthe mother as the putative father of the child, the court may, and upon request\nof a party shall, require the child, the known parent, and the alleged parent to\nsubmit to appropriate tests;\n\n3. The results of scientifically reliable genetic tests, including blood tests,\nif available, weighted with all the evidence;\n\n4. Evidence of the alleged parent consenting to or acknowledging, by a general\ncourse of conduct, the common use of such parent’s surname by the child;\n\n5. Evidence of the alleged parent claiming the child as his child on any\nstatement, tax return or other document filed by him with any state, local or\nfederal government or any agency thereof;\n\n6. A true copy of an acknowledgment pursuant to § 20-49.5; and\n\n7. An admission by a male between the ages of fourteen and eighteen pursuant to\n§ 20-49.6.\n\nHISTORY: 1988, cc. 866, 878; 1992, c. 516; 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}}