                                 CODE OF VIRGINIA

HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED (§ 20-49.1)

A. The parent and child relationship between a child and a woman may be
established prima facie by proof of her having given birth to the child, or as
otherwise provided in this chapter.

B. The parent and child relationship between a child and a man may be
established by:

   1. Scientifically reliable genetic tests, including blood tests, which affirm
   at least a ninety-eight percent probability of paternity. Such genetic test
   results shall have the same legal effect as a judgment entered pursuant to
   &#xA7; 20-49.8.

   2. A voluntary written statement of the father and mother made under oath
   acknowledging paternity and confirming that prior to signing the
   acknowledgment, the parties were provided with a written and oral description
   of the rights and responsibilities of acknowledging paternity and the
   consequences arising from a signed acknowledgment, including the right to
   rescind. The acknowledgement may be rescinded by either party within sixty
   days from the date on which it was signed unless an administrative or judicial
   order relating to the child in an action to which the party seeking rescission
   was a party is entered prior to the rescission. A written statement shall have
   the same legal effect as a judgment entered pursuant to &#xA7; 20-49.8 and
   shall be binding and conclusive unless, in a subsequent judicial proceeding,
   the person challenging the statement establishes that the statement resulted
   from fraud, duress or a material mistake of fact. In any subsequent proceeding
   in which a statement acknowledging paternity is subject to challenge, the
   legal responsibilities of any person signing it shall not be suspended during
   the pendency of the proceeding, except for good cause shown. Written
   acknowledgments of paternity made under oath by the father and mother prior to
   July 1, 1990, shall have the same legal effect as a judgment entered pursuant
   to &#xA7; 20-49.8.

   3. In the absence of such acknowledgment or if the probability of paternity is
   less than ninety-eight percent, such relationship may be established as
   otherwise provided in this chapter.

C. The parent and child relationship between a child and an adoptive parent may
be established by proof of lawful adoption.

D. No parent and child relationship shall be established when a biological
parent has been convicted of a violation of subsection A of &#xA7; 18.2-61,
&#xA7; 18.2-63, subsection B of &#xA7; 18.2-366, or an equivalent offense of
another state, the United States, or any foreign jurisdiction, or has been found
by clear and convincing evidence to have engaged in the conduct prohibited by
subsection A of &#xA7; 18.2-61, &#xA7; 18.2-63, or subsection B of &#xA7;
18.2-366, whether or not the biological parent has been charged with or
convicted of the alleged violation, and the child was conceived of such
violation or conduct.
			The provisions of this subsection shall not prevent the establishment of a
parent and child relationship if (i) after the date of such violation or
prohibited conduct, the biological parents cohabitate and establish a mutual
custodial environment for the child or (ii) the biological parent who would
otherwise rely on this section to prevent the establishment of a parent and
child relationship between the child and the biological parent who was convicted
of such violation or engaged in such prohibited conduct allows such other parent
to establish a parent and child relationship with such child.

HISTORY: 1988, cc. 866, 878; 1990, c. 836; 1992, c. 516; 1997, cc. 792, 896;
1998, c. 884; 2025, c. 547.