                                 CODE OF VIRGINIA

MEANING OF CHILD AND RELATED TERMS (§ 64.2-102)

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:

1. 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.

2. The parentage of a child resulting from assisted conception is determined as
provided in Chapter 9 (&#xA7; 20-156 et seq.) of Title 20.

3. 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:
			a. 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
			b. Paternity is established by clear and convincing evidence, including
scientifically reliable genetic testing, as set forth in &#xA7; 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. 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&#8217;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&#8217;s paternity by a court having jurisdiction to determine his
paternity.

5. Unless otherwise specifically provided therein, an order terminating residual
parental rights under &#xA7; 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&#8217;s kindred, or the parent&#8217;s
kindred to take from or through the parent or the rights of the parent&#8217;s
kindred to take from or through the child.

HISTORY: 1978, c. 647, § 64.1-5.1; 1989, c. 466; 1994, c. 919; 1998, c. 603;
1999, c. 781; 2009, c. 449; 2012, c. 614.