{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-49.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-49.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-49.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-49.8.html"}],"law_id":75922,"edition_id":1,"section_id":75922,"structure_id":13943,"section_number":"20-49.8","catch_line":"Judgment or order; costs; birth record","history":"1988, cc. 866, 878; 1990, c. 615; 1992, c. 867; 1994, c. 869; 1996, c. 491; 1998, c. 592; 2023, cc. 570, 571.","full_text":"A\n\nAs used in this section, “pregnancy and delivery expenses” means an amount equal to the sum of a pregnant mother’s reasonable and necessary medical costs, minus any portion of such sum that a court determines is equitable based on the totality of the circumstances. Any amount paid by either parent may be credited by a court.B\n\nA judgment or order establishing parentage may include any provision directed against the appropriate party to the proceeding, concerning the duty of support, including an equitable apportionment of the expenses incurred on behalf of the child from the date the proceeding under this chapter was filed with the court against the alleged parent or, if earlier, the date an order of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service upon the obligor. The judgment or order may be in favor of the natural parent or any other person or agency who incurred such expenses provided the complainant exercised due diligence in the service of the respondent. The judgment or order may also include provisions for the custody and guardianship of the child, visitation privileges with the child, or any other matter in the best interest of the child. In circumstances where the parent is outside the jurisdiction of the court, the court may enter a further order requiring the furnishing of bond or other security for the payment required by the judgment or order. In the event that the initial petition for the establishment of parentage is commenced within six months of the live birth of a child, the judgment or order shall, except for good cause shown or as otherwise agreed to by the parties, apportion between the legal parents, in proportion to the legal parents’ gross incomes, as used for calculating the monthly child support obligation pursuant to § 20-108.2, (i) the mother’s unreimbursed pregnancy and delivery expenses and (ii) those reasonable expenses incurred by either parent for the benefit of the child prior to the birth of the child. However, when the Commonwealth, through the Medicaid program or other government program, has paid such expenses, the court may order reimbursement to the Commonwealth for such expenses.C\n\nA determination of paternity made by any other state shall be given full faith and credit, whether established through voluntary acknowledgment or through administrative or judicial process; provided, however, that, except as may otherwise be required by law, such full faith and credit shall be given only for the purposes of establishing a duty to make payments of support and other payments contemplated by subsection B.D\n\nFor each court determination of parentage made under the provisions of this chapter, a certified copy of the order or judgment shall be transmitted to the State Registrar of Vital Records by the clerk of the court within thirty days after the order becomes final. Such order shall set forth the full name and date and place of birth of the person whose parentage has been determined, the full names of both parents, including the maiden name, if any, of the mother and the name and address of an informant who can furnish the information necessary to complete a new birth record. In addition, when the State Registrar receives a document signed by a man indicating his consent to submit to scientifically reliable genetic tests, including blood tests, to determine paternity and the genetic test results affirming at least a ninety-eight percent probability of paternity, a new birth record shall be completed as provided in § 32.1-261. When the State Registrar receives a copy of a judgment or order for a person born outside of this Commonwealth, such order shall be forwarded to the appropriate registration authority in the state of birth or the appropriate federal agency.","order_by":null,"text":{"0":{"id":272580,"text":"As used in this section, “pregnancy and delivery expenses” means an amount equal to the sum of a pregnant mother’s reasonable and necessary medical costs, minus any portion of such sum that a court determines is equitable based on the totality of the circumstances. Any amount paid by either parent may be credited by a court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":272581,"text":"A judgment or order establishing parentage may include any provision directed against the appropriate party to the proceeding, concerning the duty of support, including an equitable apportionment of the expenses incurred on behalf of the child from the date the proceeding under this chapter was filed with the court against the alleged parent or, if earlier, the date an order of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service upon the obligor. The judgment or order may be in favor of the natural parent or any other person or agency who incurred such expenses provided the complainant exercised due diligence in the service of the respondent. The judgment or order may also include provisions for the custody and guardianship of the child, visitation privileges with the child, or any other matter in the best interest of the child. In circumstances where the parent is outside the jurisdiction of the court, the court may enter a further order requiring the furnishing of bond or other security for the payment required by the judgment or order. In the event that the initial petition for the establishment of parentage is commenced within six months of the live birth of a child, the judgment or order shall, except for good cause shown or as otherwise agreed to by the parties, apportion between the legal parents, in proportion to the legal parents’ gross incomes, as used for calculating the monthly child support obligation pursuant to § 20-108.2, (i) the mother’s unreimbursed pregnancy and delivery expenses and (ii) those reasonable expenses incurred by either parent for the benefit of the child prior to the birth of the child. However, when the Commonwealth, through the Medicaid program or other government program, has paid such expenses, the court may order reimbursement to the Commonwealth for such expenses.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":272582,"text":"A determination of paternity made by any other state shall be given full faith and credit, whether established through voluntary acknowledgment or through administrative or judicial process; provided, however, that, except as may otherwise be required by law, such full faith and credit shall be given only for the purposes of establishing a duty to make payments of support and other payments contemplated by subsection B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":272583,"text":"For each court determination of parentage made under the provisions of this chapter, a certified copy of the order or judgment shall be transmitted to the State Registrar of Vital Records by the clerk of the court within thirty days after the order becomes final. Such order shall set forth the full name and date and place of birth of the person whose parentage has been determined, the full names of both parents, including the maiden name, if any, of the mother and the name and address of an informant who can furnish the information necessary to complete a new birth record. In addition, when the State Registrar receives a document signed by a man indicating his consent to submit to scientifically reliable genetic tests, including blood tests, to determine paternity and the genetic test results affirming at least a ninety-eight percent probability of paternity, a new birth record shall be completed as provided in § 32.1-261. When the State Registrar receives a copy of a judgment or order for a person born outside of this Commonwealth, such order shall be forwarded to the appropriate registration authority in the state of birth or the appropriate federal agency.","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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-49.8\/","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 6 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 615; in 1992, chapter 867; in 1994, chapter 869<\/a>; in 1996, chapter 491<\/a>; in 1998, chapter 592<\/a>; in 2023, chapters 570<\/a> and 571<\/a>.<\/p>","references":[{"id":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"id":79167,"section_number":"20-49.1","catch_line":"How parent and child relationship established","order_by":null,"url":"\/20-49.1\/"},{"id":82311,"section_number":"32.1-257","catch_line":"Filing birth certificates; from whom required; signatures of parents","order_by":null,"url":"\/32.1-257\/"},{"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":59354,"section_number":"63.2-1913","catch_line":"Administrative establishment of paternity","order_by":null,"url":"\/63.2-1913\/"}],"refers_to":[{"id":78437,"section_number":"20-108.2","catch_line":"Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary","order_by":null,"url":"\/20-108.2\/"},{"id":79948,"section_number":"32.1-261","catch_line":"New certificate of birth established on proof of adoption, legitimation, or determination of paternity, or change of sex","order_by":null,"url":"\/32.1-261\/"}],"permalink":{"id":178381,"object_type":"law","relational_id":75922,"identifier":"20-49.8","token":"20\/3.1\/20-49.8","url":"\/20-49.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-49.8\/","token":"20\/3.1\/20-49.8","dublin_core":{"Title":"Judgment or order; costs; birth record","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-49.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “pregnancy and delivery expenses<\/span>” means an amount equal to the sum of a pregnant mother’s reasonable and necessary medical costs, minus any portion of such sum that a court<\/span> determines is equitable<\/span> based on the totality of the circumstances. Any amount paid by either parent may be credited by a court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A judgment<\/span> or order<\/span> establishing parentage may include any provision directed against the appropriate party<\/span> to the proceeding, concerning the duty of support, including an equitable<\/span> apportionment of the expenses incurred on behalf of the child from the date the proceeding under this chapter was filed with the court<\/span> against the alleged parent or, if earlier, the date an order<\/span> of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service upon the obligor. The judgment<\/span> or order<\/span> may be in favor of the natural parent or any other person or agency who incurred such expenses provided the complainant exercised due diligence in the service of the respondent. The judgment<\/span> or order<\/span> may also include provisions for the custody<\/span> and guardianship of the child, visitation privileges<\/span> with the child, or any other matter in the best interest of the child. In circumstances where the parent is outside the jurisdiction<\/span> of the court<\/span>, the court<\/span> may enter a further order<\/span> requiring the furnishing of bond<\/span> or other security for the payment required by the judgment<\/span> or order<\/span>. In the event that the initial petition<\/span> for the establishment of parentage is commenced within six months of the live birth of a child, the judgment<\/span> or order<\/span> shall, except for good cause shown or as otherwise agreed to by the parties, apportion between the legal parents, in proportion to the legal parents’ gross incomes, as used for calculating the monthly child support obligation pursuant to § 20-108.2<\/a>, (i) the mother’s unreimbursed pregnancy and delivery expenses<\/span> and (ii) those reasonable expenses incurred by either parent for the benefit of the child prior to the birth of the child. However, when the Commonwealth, through the Medicaid program or other government program, has paid such expenses, the court<\/span> may order<\/span> reimbursement to the Commonwealth for such expenses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A determination of paternity made by any other state shall be given full faith and credit, whether established through voluntary acknowledgment or through administrative or judicial process; provided, however, that, except as may otherwise be required by law<\/span>, such full faith and credit shall be given only for the purposes of establishing a duty to make payments of support and other payments contemplated by subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For each court<\/span> determination of parentage made under the provisions of this chapter, a certified copy of the order<\/span> or judgment<\/span> shall be transmitted to the State Registrar of Vital Records by the clerk of the court<\/span> within thirty days after the order<\/span> becomes final. Such order<\/span> shall set forth the full name and date and place of birth of the person whose parentage has been determined, the full names of both parents, including the maiden name, if any, of the mother and the name and address of an informant who can furnish the information necessary to complete a new birth record. In addition, when the State Registrar receives a document signed by a man indicating his consent to submit to scientifically reliable genetic tests, including blood tests, to determine paternity and the genetic test results affirming at least a ninety-eight percent probability of paternity, a new birth record shall be completed as provided in § 32.1-261<\/a>. When the State Registrar receives a copy of a judgment<\/span> or order<\/span> for a person born outside of this Commonwealth, such order<\/span> shall be forwarded to the appropriate registration authority in the state of birth or the appropriate federal agency. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJUDGMENT OR ORDER; COSTS; BIRTH RECORD (\u00a7 20-49.8)\n\nA. As used in this section, “pregnancy and delivery expenses” means\nan amount equal to the sum of a pregnant mother’s reasonable and necessary\nmedical costs, minus any portion of such sum that a court determines is\nequitable based on the totality of the circumstances. Any amount paid by either\nparent may be credited by a court.\n\nB. A judgment or order establishing parentage may include any provision directed\nagainst the appropriate party to the proceeding, concerning the duty of support,\nincluding an equitable apportionment of the expenses incurred on behalf of the\nchild from the date the proceeding under this chapter was filed with the court\nagainst the alleged parent or, if earlier, the date an order of the Department\nof Social Services entered pursuant to Title 63.2 and directing payment of\nsupport was delivered to the sheriff or process server for service upon the\nobligor. The judgment or order may be in favor of the natural parent or any\nother person or agency who incurred such expenses provided the complainant\nexercised due diligence in the service of the respondent. The judgment or order\nmay also include provisions for the custody and guardianship of the child,\nvisitation privileges with the child, or any other matter in the best interest\nof the child. In circumstances where the parent is outside the jurisdiction of\nthe court, the court may enter a further order requiring the furnishing of bond\nor other security for the payment required by the judgment or order. In the\nevent that the initial petition for the establishment of parentage is commenced\nwithin six months of the live birth of a child, the judgment or order shall,\nexcept for good cause shown or as otherwise agreed to by the parties, apportion\nbetween the legal parents, in proportion to the legal parents’ gross\nincomes, as used for calculating the monthly child support obligation pursuant\nto § 20-108.2, (i) the mother’s unreimbursed pregnancy and delivery\nexpenses and (ii) those reasonable expenses incurred by either parent for the\nbenefit of the child prior to the birth of the child. However, when the\nCommonwealth, through the Medicaid program or other government program, has paid\nsuch expenses, the court may order reimbursement to the Commonwealth for such\nexpenses.\n\nC. A determination of paternity made by any other state shall be given full\nfaith and credit, whether established through voluntary acknowledgment or\nthrough administrative or judicial process; provided, however, that, except as\nmay otherwise be required by law, such full faith and credit shall be given only\nfor the purposes of establishing a duty to make payments of support and other\npayments contemplated by subsection B.\n\nD. For each court determination of parentage made under the provisions of this\nchapter, a certified copy of the order or judgment shall be transmitted to the\nState Registrar of Vital Records by the clerk of the court within thirty days\nafter the order becomes final. Such order shall set forth the full name and date\nand place of birth of the person whose parentage has been determined, the full\nnames of both parents, including the maiden name, if any, of the mother and the\nname and address of an informant who can furnish the information necessary to\ncomplete a new birth record. In addition, when the State Registrar receives a\ndocument signed by a man indicating his consent to submit to scientifically\nreliable genetic tests, including blood tests, to determine paternity and the\ngenetic test results affirming at least a ninety-eight percent probability of\npaternity, a new birth record shall be completed as provided in § 32.1-261.\nWhen the State Registrar receives a copy of a judgment or order for a person\nborn outside of this Commonwealth, such order shall be forwarded to the\nappropriate registration authority in the state of birth or the appropriate\nfederal agency.\n\nHISTORY: 1988, cc. 866, 878; 1990, c. 615; 1992, c. 867; 1994, c. 869; 1996, c.\n491; 1998, c. 592; 2023, cc. 570, 571.","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}}