                                 CODE OF VIRGINIA

EVIDENCE RELATING TO PARENTAGE (§ 20-49.4)

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:

1. Evidence of open cohabitation or sexual intercourse between the known parent
and the alleged parent at the probable time of conception;

2. 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;

3. The results of scientifically reliable genetic tests, including blood tests,
if available, weighted with all the evidence;

4. Evidence of the alleged parent consenting to or acknowledging, by a general
course of conduct, the common use of such parent&#8217;s surname by the child;

5. 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;

6. A true copy of an acknowledgment pursuant to &#xA7; 20-49.5; and

7. An admission by a male between the ages of fourteen and eighteen pursuant to
&#xA7; 20-49.6.

HISTORY: 1988, cc. 866, 878; 1992, c. 516; 2025, c. 547.