                                 CODE OF VIRGINIA

CLASS AND BENEFICIARIES; WHEN DETERMINED (§ 8.01-53)

A. The damages awarded pursuant to &#xA7; 8.01-52 shall be distributed as
specified under &#xA7; 8.01-54 to (i) the surviving spouse, children of the
deceased and children of any deceased child of the deceased, and, only if there
is a surviving spouse, children of the deceased, or children of any deceased
child of the deceased, the parents of the decedent if any of such parents,
within 12 months prior to the decedent&#8217;s death, regularly received support
or regularly received services from the decedent for necessaries, including
living expenses, food, shelter, health care expenses, or in-home assistance or
care, or (ii) if there is no surviving spouse, children of the deceased, or
children of any deceased child of the deceased, then to the parents, brothers
and sisters of the deceased, and to any other relative who is primarily
dependent on the decedent for support or services and is also a member of the
same household as the decedent or (iii) if the decedent has left both surviving
spouse and parent or parents, but no child or grandchild, the award shall be
distributed to the surviving spouse and such parent or parents or (iv) if there
are survivors under clause (i) or clause (iii), the award shall be distributed
to those beneficiaries and to any other relative who is primarily dependent on
the decedent for support or services and is also a member of the same household
as the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or
(iv), the award shall be distributed in the course of descents as provided for
in &#xA7; 64.2-200. However, no parent whose parental rights and
responsibilities have been terminated by a court of competent jurisdiction or
pursuant to a permanent entrustment agreement with a child welfare agency shall
be eligible as a beneficiary under this section. For purposes of this section, a
relative is any person related to the decedent by blood, marriage, or adoption
and also includes a stepchild of the decedent.

B. The class and beneficiaries thereof eligible to receive such distribution
shall be fixed (i) at the time the verdict is entered if the jury makes the
specification or (ii) at the time the judgment is rendered if the court
specifies the distribution.

C. A beneficiary may renounce his interest in any claim brought pursuant to
&#xA7; 8.01-50 and, in such event, the damages shall be distributed to the
beneficiaries in the same class as the renouncing beneficiary or, if there are
none, to the beneficiaries in any subsequent class in the order of priority set
forth in subsection A.

D. For the purposes of this section, children of the deceased shall include any
child of the decedent who is adopted after the death of the decedent, provided
that the parental rights of the decedent were not terminated by a court of
competent jurisdiction prior to his death. The provisions of this subsection
shall apply to any adoption finalized on or after July 1, 2024.

HISTORY: Code 1950, §§ 8-636.1, 8-638; 1954, c. 333; 1973, c. 401; 1974, c.
444; 1977, cc. 460, 617; 1979, c. 356; 1992, c. 74; 1994, c. 515; 2003, c. 632;
2019, cc. 47, 328; 2021, Sp. Sess. I, c. 488; 2024, cc. 69, 70.