                                 CODE OF VIRGINIA

HOSPITAL PATERNITY ESTABLISHMENT PROGRAMS (§ 63.2-1914)

Each public and private birthing hospital in the Commonwealth shall provide
unwed parents the opportunity to legally establish the paternity of a child
prior to the child&#8217;s discharge from the hospital following birth, by means
of a voluntary acknowledgment of paternity signed by the mother and the father,
under oath.
		Birthing hospitals are defined as hospitals with licensed obstetric-care
units, hospitals licensed to provide obstetric services, or licensed birthing
centers associated with a hospital. Birthing centers are facilities outside
hospitals that provide maternity services.
		Designated staff members of such hospitals shall provide to both the mother
and the alleged father, if he is present at the hospital, (i) written materials
regarding paternity establishment, (ii) the forms necessary to voluntarily
acknowledge paternity, (iii) a written and oral description of the rights and
responsibilities of acknowledging paternity, and (iv) the opportunity, prior to
the child&#8217;s discharge from the hospital, to speak with staff who are
trained to provide information and answer questions about paternity
establishment. The provision by designated hospital staff members of the
information required by this section, consistent with federal regulations, shall
not constitute the unauthorized practice of law pursuant to Chapter 39 (§
54.1-3900 et seq.) of Title 54.1.
		Hospitals shall send the original acknowledgment of paternity containing the
social security numbers, if available, of both parents, with the information
required by Article 2 (§ 32.1-257 et seq.) of Chapter 7 of Title 32.1, to the
State Registrar of Vital Records so that the birth certificate issued includes
the name of the legal father of the child.
		The Department shall (a) provide to birthing hospitals all necessary materials
and forms, and a written description of the rights and responsibilities related
to voluntary acknowledgment of paternity; (b) provide the necessary training,
guidance and written instructions regarding voluntary acknowledgment of
paternity; (c) annually assess each birthing hospital&#8217;s paternity
establishment program; (d) pay to each hospital an amount determined by
regulation of the Board for each acknowledgment of paternity signed under oath
by both parents; and (e) determine if a voluntary acknowledgment has been filed
with the State Registrar of Vital Records in cases applying for paternity
establishment services.

HISTORY: 1994, c. 718, § 20-49.9; 1997, cc. 792, 896; 2002, c. 747.