TN 29 (10-05)

GN 00306.660 Virginia Intestacy Laws

A child born out-of-wedlock acquires the status of child of the father and a father acquires the status of parent of the child as follows:

1. 1. 

   effective 07/01/78, parents, who afterwards intermarry, recognize the child as their own child before or after marriage. Va. Code Ann. section 20-31.1; or

2. 2. 

   (I) the biological parents participate in a marriage ceremony before or after the birth of the child, even if the attempted marriage is prohibited by law, deemed null or void, or dissolved by a court. Va. Code Ann. section 64.1-5.1.3.a.; or

3. 3. 

   (I) prior to 03/22/91, paternity is established by a preponderance of the evidence; or

4. 4. 

   (I) effective 07/01/78, paternity is established by a birth record which is based on information that the decedent provided, showing that the decedent is the child's parent, or the decedent admits to paternity before a court or in writing under oath, or the decedent is declared the father of the child in a child support action. Va. Code Ann. section 64.1-5.1 4(i)-(iii); or

5. 5. 

   (I) effective 03/22/91, paternity is established by clear and convincing evidence, by the child or by someone acting for the child. Clear and convincing evidence includes, but is not limited to, the following factors. Va. Code Ann. section 64.1-5.1 4., 5.2. (1996):

   1. a. 

      the man cohabited openly with the mother during all of the ten months immediately prior to the time the child was born. Va. Code ann. section 64.1-5.2. 1.; or

   2. b. 

      the man gave consent to a physician or other person, not including the mother, charged with the responsibility of securing information for the preparation of a birth record that his name be used as the father of the child upon the birth record of the child. Va. Code Ann. section 64.1-5.2. 2.; or

   3. c. 

      the man allowed by a general course of conduct the common use of the surname by the child. Va. Code Ann. section 64.1-5.2. 3.; or

   4. d. 

      the man claimed the child as his child on any statement, tax return, or other document filed and signed by him with any local, state, or federal government or any agency thereof. Va. Code Ann. section 64.1-5.2. 4.; or

   5. e. 

      the man admitted before any court having jurisdiction to try and dispose of the same that he is the father of the child. Va. Code Ann. section 64.1-5.2. 5.; or

   6. f. 

      the man voluntarily admitted paternity in writing, under oath. Va. Code Ann. section 64.1-5.2. 6.; or

   7. g. 

      the results of medically reliable genetic blood grouping tests weighed with all the other evidence. Va. Code Ann. section 64.1-5.2. 7.

      NOTE: If genetic test results show a 98% or greater probability of paternity and there is no contradictory evidence, you may find that there is clear and convincing evidence of paternity. For effective date, see GN 00306.055A.3; or

      NOTE: Evidence showing a reliable chain of custody is a factor in establishing clear and convincing evidence that genetic blood testing is scientifically reliable.

   8. h. 

      medical or anthropological evidence relating to the alleged parentage of the child based on tests performed by experts. Va. Code Ann. section 64.1-5.2. 8.

   NOTE: Paternity established under 5. above will not permit the father to inherit by intestate succession from the child, unless the father openly treated the child as his and has not refused to support the child. Va. Code Ann. section 64.1-5.1.3.b.

6. 6. 

   (I) If a proceeding to determine parentage has been initiated and concluded, and the court enters a judgment against a man for the support, maintenance, and education of a child as if the child were born in lawful wedlock to the man, that judgment shall be sufficient evidence of paternity. Va. Code Ann. section 64.1-5.2.