{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-103.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-103.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-103.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-103.html"}],"law_id":78624,"edition_id":1,"section_id":78624,"structure_id":13833,"section_number":"64.2-103","catch_line":"Evidence of paternity","history":"1978, c. 647, \u00a7 64.1-5.2; 1989, c. 466; 1991, c. 479; 1999, c. 781; 2012, c. 614.","full_text":"A\n\nFor the purposes of this title, paternity of a child born out of wedlock shall be established by clear and convincing evidence, and such evidence may include the following:1\n\nThat he cohabited openly with the mother during all of the 10 months immediately prior to the time the child was born;2\n\nThat he gave consent to a physician or other person, not including the mother, charged with the responsibility of securing information for the preparation of a birth record that his name be used as the father of the child upon the birth record of the child;3\n\nThat he allowed by a general course of conduct the common use of his surname by the child;4\n\nThat he claimed the child as his child on any statement, tax return, or other document filed and signed by him with any local, state, or federal government or any agency thereof;5\n\nThat he admitted before any court having jurisdiction to determine his paternity that he is the father of the child;6\n\nThat he voluntarily admitted paternity in writing under oath;7\n\nThe results of scientifically reliable genetic tests, including DNA tests, weighted with all the evidence; or8\n\nOther medical, scientific, or anthropological evidence relating to the alleged parentage of the child based on tests performed by experts.B\n\nA judgment establishing a father’s paternity made by a court having jurisdiction to determine his paternity is sufficient evidence of paternity for the purposes of this section.","order_by":null,"text":{"0":{"id":281738,"text":"For the purposes of this title, paternity of a child born out of wedlock shall be established by clear and convincing evidence, and such evidence may include the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":281739,"text":"That he cohabited openly with the mother during all of the 10 months immediately prior to the time the child was born;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":281740,"text":"That he gave consent to a physician or other person, not including the mother, charged with the responsibility of securing information for the preparation of a birth record that his name be used as the father of the child upon the birth record of the child;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":281741,"text":"That he allowed by a general course of conduct the common use of his surname by the child;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":281742,"text":"That he claimed the child as his child on any statement, tax return, or other document filed and signed by him with any local, state, or federal government or any agency thereof;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":281743,"text":"That he admitted before any court having jurisdiction to determine his paternity that he is the father of the child;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":281744,"text":"That he voluntarily admitted paternity in writing under oath;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":281745,"text":"The results of scientifically reliable genetic tests, including DNA tests, weighted with all the evidence; or","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":281746,"text":"Other medical, scientific, or anthropological evidence relating to the alleged parentage of the child based on tests performed by experts.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":281747,"text":"A judgment establishing a father’s paternity made by a court having jurisdiction to determine his paternity is sufficient evidence of paternity for the purposes of this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-103\/","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 4 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 1991, chapter 479; in 1999, chapter 781<\/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":65069,"section_number":"64.2-102","catch_line":"Meaning of child and related terms","order_by":null,"url":"\/64.2-102\/"}],"refers_to":false,"permalink":{"id":272803,"object_type":"law","relational_id":78624,"identifier":"64.2-103","token":"64.2\/I\/1\/2\/64.2-103","url":"\/64.2-103\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-103\/","token":"64.2\/I\/1\/2\/64.2-103","dublin_core":{"Title":"Evidence of paternity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-103","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this title, paternity of a child born out of wedlock shall be established by clear and convincing evidence<\/span>, and such evidence<\/span> may include the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That he cohabited openly with the mother during all of the 10 months immediately prior to the time the child was born; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That he gave consent to a physician or other person, not including the mother, charged with the responsibility of securing information for the preparation of a birth record that his name be used as the father of the child upon the birth record of the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That he allowed by a general course of conduct the common use of his surname by the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> That he claimed the child as his child on any statement, tax return, or other document filed and signed by him with any local, state, or federal government or any agency thereof; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> That he admitted before any court<\/span> having jurisdiction<\/span> to determine his paternity that he is the father of the child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> That he voluntarily admitted paternity in writing under oath<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The results of scientifically reliable genetic tests, including DNA tests, weighted with all the evidence<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Other medical, scientific, or anthropological evidence<\/span> relating to the alleged parentage of the child based on tests performed by experts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A judgment<\/span> establishing a father’s paternity made by a court<\/span> having jurisdiction<\/span> to determine his paternity is sufficient evidence<\/span> of paternity for the purposes of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENCE OF PATERNITY (\u00a7 64.2-103)\n\nA. For the purposes of this title, paternity of a child born out of wedlock\nshall be established by clear and convincing evidence, and such evidence may\ninclude the following:\n\n 1. That he cohabited openly with the mother during all of the 10 months\n immediately prior to the time the child was born;\n\n 2. That he gave consent to a physician or other person, not including the\n mother, charged with the responsibility of securing information for the\n preparation of a birth record that his name be used as the father of the child\n upon the birth record of the child;\n\n 3. That he allowed by a general course of conduct the common use of his\n surname by the child;\n\n 4. That he claimed the child as his child on any statement, tax return, or\n other document filed and signed by him with any local, state, or federal\n government or any agency thereof;\n\n 5. That he admitted before any court having jurisdiction to determine his\n paternity that he is the father of the child;\n\n 6. That he voluntarily admitted paternity in writing under oath;\n\n 7. The results of scientifically reliable genetic tests, including DNA tests,\n weighted with all the evidence; or\n\n 8. Other medical, scientific, or anthropological evidence relating to the\n alleged parentage of the child based on tests performed by experts.\n\nB. A judgment establishing a father’s paternity made by a court having\njurisdiction to determine his paternity is sufficient evidence of paternity for\nthe purposes of this section.\n\nHISTORY: 1978, c. 647, \u00a7 64.1-5.2; 1989, c. 466; 1991, c. 479; 1999, c. 781;\n2012, 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}}