{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-102.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-102.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-102.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-102.html"}],"law_id":65069,"edition_id":1,"section_id":65069,"structure_id":13833,"section_number":"64.2-102","catch_line":"Meaning of child and related terms","history":"1978, c. 647, \u00a7 64.1-5.1; 1989, c. 466; 1994, c. 919; 1998, c. 603; 1999, c. 781; 2009, c. 449; 2012, c. 614.","full_text":"If, for purposes of this title or for determining rights in and to property pursuant to any deed, will, trust or other instrument, a relationship of parent and child must be established to determine succession or a taking by, through, or from a person:\n\n1\n\nAn adopted person is the child of an adopting parent and not of the biological parents, except that adoption of a child by the spouse of a biological parent has no effect on the relationship between the child and either biological parent.2\n\nThe parentage of a child resulting from assisted conception is determined as provided in Chapter 9 (§ 20-156 et seq.) of Title 20.3\n\nExcept as otherwise provided by subdivision 1 or 2, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:\n\t\t\ta. The biological parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage was prohibited by law, deemed null or void, or dissolved by a court; or\n\t\t\tb. Paternity is established by clear and convincing evidence, including scientifically reliable genetic testing, as set forth in § 64.2-103; however, paternity established pursuant to this subdivision is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his and has not refused to support the child.4\n\nNo claim of succession based upon the relationship between a child born out of wedlock and a deceased parent of such child shall be recognized unless, within one year of the date of the death of such parent (i) an affidavit by such child or by someone acting for such child alleging such parenthood has been filed in the clerk’s office of the circuit court of the jurisdiction wherein the property affected by such claim is located and (ii) an action seeking adjudication of parenthood is filed in an appropriate circuit court. The one-year limitation period runs notwithstanding the minority of such child; however, it does not apply in those cases where the relationship between the child born out of wedlock and the parent in question is established by (a) a birth record prepared upon information given by or at the request of such parent; (b) admission by such parent of parenthood before any court or in writing under oath; or (c) a previously entered judgment establishing such parent’s paternity by a court having jurisdiction to determine his paternity.5\n\nUnless otherwise specifically provided therein, an order terminating residual parental rights under § 16.1-283 terminates the rights of the parent to take from or through the child in question but the order does not otherwise affect the rights of the child, the child’s kindred, or the parent’s kindred to take from or through the parent or the rights of the parent’s kindred to take from or through the child.","order_by":null,"text":{"0":{"id":236829,"text":"If, for purposes of this title or for determining rights in and to property pursuant to any deed, will, trust or other instrument, a relationship of parent and child must be established to determine succession or a taking by, through, or from a person:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":236830,"text":"An adopted person is the child of an adopting parent and not of the biological parents, except that adoption of a child by the spouse of a biological parent has no effect on the relationship between the child and either biological parent.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":236831,"text":"The parentage of a child resulting from assisted conception is determined as provided in Chapter 9 (§ 20-156 et seq.) of Title 20.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":236832,"text":"Except as otherwise provided by subdivision 1 or 2, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:\n\t\t\ta. The biological parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage was prohibited by law, deemed null or void, or dissolved by a court; or\n\t\t\tb. Paternity is established by clear and convincing evidence, including scientifically reliable genetic testing, as set forth in § 64.2-103; however, paternity established pursuant to this subdivision is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his and has not refused to support the child.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":236833,"text":"No claim of succession based upon the relationship between a child born out of wedlock and a deceased parent of such child shall be recognized unless, within one year of the date of the death of such parent (i) an affidavit by such child or by someone acting for such child alleging such parenthood has been filed in the clerk’s office of the circuit court of the jurisdiction wherein the property affected by such claim is located and (ii) an action seeking adjudication of parenthood is filed in an appropriate circuit court. The one-year limitation period runs notwithstanding the minority of such child; however, it does not apply in those cases where the relationship between the child born out of wedlock and the parent in question is established by (a) a birth record prepared upon information given by or at the request of such parent; (b) admission by such parent of parenthood before any court or in writing under oath; or (c) a previously entered judgment establishing such parent’s paternity by a court having jurisdiction to determine his paternity.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":236834,"text":"Unless otherwise specifically provided therein, an order terminating residual parental rights under § 16.1-283 terminates the rights of the parent to take from or through the child in question but the order does not otherwise affect the rights of the child, the child’s kindred, or the parent’s kindred to take from or through the parent or the rights of the parent’s kindred to take from or through the child.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":13833,"edition_id":1,"name":"General Provisions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13832,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272797,"object_type":"structure","relational_id":13833,"identifier":"2","token":"64.2\/I\/1\/2","url":"\/64.2\/I\/1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13832,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13831,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272785,"object_type":"structure","relational_id":13832,"identifier":"1","token":"64.2\/I\/1","url":"\/64.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13831,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":272783,"object_type":"structure","relational_id":13831,"identifier":"I","token":"64.2\/I","url":"\/64.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65069,"structure_id":13833,"section_number":"64.2-102","catch_line":"Meaning of child and related terms","url":"\/64.2-102\/","token":"64.2\/I\/1\/2\/64.2-102","metadata":false},{"id":78624,"structure_id":13833,"section_number":"64.2-103","catch_line":"Evidence of paternity","url":"\/64.2-103\/","token":"64.2\/I\/1\/2\/64.2-103","metadata":false},{"id":60761,"structure_id":13833,"section_number":"64.2-104","catch_line":"Incorporation by reference into a will, power of attorney, or trust instrument","url":"\/64.2-104\/","token":"64.2\/I\/1\/2\/64.2-104","metadata":false},{"id":79409,"structure_id":13833,"section_number":"64.2-105","catch_line":"Incorporation by reference of certain powers of fiduciaries into will or trust instrument","url":"\/64.2-105\/","token":"64.2\/I\/1\/2\/64.2-105","metadata":false},{"id":84209,"structure_id":13833,"section_number":"64.2-106","catch_line":"Grant of certain powers to personal representative or trustee by circuit court","url":"\/64.2-106\/","token":"64.2\/I\/1\/2\/64.2-106","metadata":false},{"id":76237,"structure_id":13833,"section_number":"64.2-107","catch_line":"Power granted to personal representatives to make election regarding marital deduction as to certain qualifying terminable interest property; binding effect of election","url":"\/64.2-107\/","token":"64.2\/I\/1\/2\/64.2-107","metadata":false},{"id":54847,"structure_id":13833,"section_number":"64.2-108","catch_line":"Power granted to personal representatives and trustees to donate conservation or open-space easements","url":"\/64.2-108\/","token":"64.2\/I\/1\/2\/64.2-108","metadata":false},{"id":62577,"structure_id":13833,"section_number":"64.2-108.1","catch_line":"References to former sections, articles, or chapters","url":"\/64.2-108.1\/","token":"64.2\/I\/1\/2\/64.2-108.1","metadata":false},{"id":71725,"structure_id":13833,"section_number":"64.2-108.2","catch_line":"Provision in certain trust void","url":"\/64.2-108.2\/","token":"64.2\/I\/1\/2\/64.2-108.2","metadata":false}],"next_section":{"id":78624,"structure_id":13833,"section_number":"64.2-103","catch_line":"Evidence of paternity","url":"\/64.2-103\/","token":"64.2\/I\/1\/2\/64.2-103","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-102\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 647 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 1978 \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 1989, chapter 466; in 1994, chapter 919<\/a>; in 1998, chapter 603<\/a>; in 1999, chapter 781<\/a>; in 2009, chapter 449<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":75099,"section_number":"32.1-286","catch_line":"Exhumations","order_by":null,"url":"\/32.1-286\/"},{"id":65010,"section_number":"64.2-1801","catch_line":"Parental duty of support","order_by":null,"url":"\/64.2-1801\/"}],"refers_to":[{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"},{"id":82276,"section_number":"20-156","catch_line":"Definitions","order_by":null,"url":"\/20-156\/"},{"id":78624,"section_number":"64.2-103","catch_line":"Evidence of paternity","order_by":null,"url":"\/64.2-103\/"}],"permalink":{"id":272799,"object_type":"law","relational_id":65069,"identifier":"64.2-102","token":"64.2\/I\/1\/2\/64.2-102","url":"\/64.2-102\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-102\/","token":"64.2\/I\/1\/2\/64.2-102","dublin_core":{"Title":"Meaning of child and related terms","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-102","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If, for purposes of this title or for determining rights in and to property pursuant to any deed, will<\/span>, trust or other instrument, a relationship of parent and child must be established to determine succession or a taking by, through, or from a person:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An adopted person is the child of an adopting parent and not of the biological parents, except that adoption of a child by the spouse of a biological parent has no effect on the relationship between the child and either biological parent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The parentage of a child resulting from assisted conception is determined as provided in Chapter 9 (§ 20-156<\/a> et seq.) of Title 20. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Except as otherwise provided by subdivision 1 or 2, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:\n\t\t\ta. The biological parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage was prohibited by law<\/span>, deemed null or void, or dissolved by a court<\/span>; or\n\t\t\tb. Paternity is established by clear and convincing evidence<\/span>, including scientifically reliable genetic testing, as set forth in § 64.2-103<\/a>; however, paternity established pursuant to this subdivision is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his and has not refused to support the child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No claim of succession based upon the relationship between a child born out of wedlock and a deceased parent of such child shall be recognized unless, within one year of the date of the death of such parent (i) an affidavit<\/span> by such child or by someone acting for such child alleging such parenthood has been filed in the clerk’s office of the circuit<\/span> court<\/span> of the jurisdiction<\/span> wherein the property affected by such claim is located and (ii) an action seeking adjudication of parenthood is filed in an appropriate circuit<\/span> court<\/span>. The one-year limitation period runs notwithstanding the minority of such child; however, it does not apply in those cases where the relationship between the child born out of wedlock and the parent in question is established by (a) a birth record prepared upon information given by or at the request of such parent; (b) admission by such parent of parenthood before any court<\/span> or in writing under oath<\/span>; or (c) a previously entered judgment<\/span> establishing such parent’s paternity by a court<\/span> having jurisdiction<\/span> to determine his paternity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Unless otherwise specifically provided therein, an order<\/span> terminating residual parental rights under § 16.1-283<\/a> terminates the rights of the parent to take from or through the child in question but the order<\/span> does not otherwise affect the rights of the child, the child’s kindred, or the parent’s kindred to take from or through the parent or the rights of the parent’s kindred to take from or through the child. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEANING OF CHILD AND RELATED TERMS (\u00a7 64.2-102)\n\nIf, for purposes of this title or for determining rights in and to property\npursuant to any deed, will, trust or other instrument, a relationship of parent\nand child must be established to determine succession or a taking by, through,\nor from a person:\n\n1. An adopted person is the child of an adopting parent and not of the\nbiological parents, except that adoption of a child by the spouse of a\nbiological parent has no effect on the relationship between the child and either\nbiological parent.\n\n2. The parentage of a child resulting from assisted conception is determined as\nprovided in Chapter 9 (§ 20-156 et seq.) of Title 20.\n\n3. Except as otherwise provided by subdivision 1 or 2, a person born out of\nwedlock is a child of the mother. That person is also a child of the father, if:\n\t\t\ta. The biological parents participated in a marriage ceremony before or after\nthe birth of the child, even though the attempted marriage was prohibited by\nlaw, deemed null or void, or dissolved by a court; or\n\t\t\tb. Paternity is established by clear and convincing evidence, including\nscientifically reliable genetic testing, as set forth in § 64.2-103;\nhowever, paternity established pursuant to this subdivision is ineffective to\nqualify the father or his kindred to inherit from or through the child unless\nthe father has openly treated the child as his and has not refused to support\nthe child.\n\n4. No claim of succession based upon the relationship between a child born out\nof wedlock and a deceased parent of such child shall be recognized unless,\nwithin one year of the date of the death of such parent (i) an affidavit by such\nchild or by someone acting for such child alleging such parenthood has been\nfiled in the clerk’s office of the circuit court of the jurisdiction\nwherein the property affected by such claim is located and (ii) an action\nseeking adjudication of parenthood is filed in an appropriate circuit court. The\none-year limitation period runs notwithstanding the minority of such child;\nhowever, it does not apply in those cases where the relationship between the\nchild born out of wedlock and the parent in question is established by (a) a\nbirth record prepared upon information given by or at the request of such\nparent; (b) admission by such parent of parenthood before any court or in\nwriting under oath; or (c) a previously entered judgment establishing such\nparent’s paternity by a court having jurisdiction to determine his\npaternity.\n\n5. Unless otherwise specifically provided therein, an order terminating residual\nparental rights under § 16.1-283 terminates the rights of the parent to\ntake from or through the child in question but the order does not otherwise\naffect the rights of the child, the child’s kindred, or the parent’s\nkindred to take from or through the parent or the rights of the parent’s\nkindred to take from or through the child.\n\nHISTORY: 1978, c. 647, \u00a7 64.1-5.1; 1989, c. 466; 1994, c. 919; 1998, c. 603;\n1999, c. 781; 2009, c. 449; 2012, c. 614.","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}}