Virginia § 64.2-103 Evidence of paternity

Virginia Statutes

§ 64.2-103 — Evidence of paternity

Virginia § 64.2-103

Title 64.2WILLS, TRUSTS, AND FIDUCIARIES

Subtitle IGENERAL PROVISIONS

Ch. 1DEFINITIONS AND GENERAL PROVISIONS

This text of Virginia § 64.2-103 (Evidence of paternity) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 64.2-103 (2026).

Text

A.For the purposes of this title, paternity of a child born out of wedlock shall be established by clear and convincing evidence, and such evidence may include the following:

1.That he cohabited openly with the mother during all of the 10 months immediately prior to the time the child was born;

2.That he 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;

3.That he allowed by a general course of conduct the common use of his surname by the child;

4.That he claimed the child as his child on any statement, tax return, or other document filed and signed by him with any local, state, or fed

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A. For the purposes of this title, paternity of a child born out of wedlock shall be established by clear and convincing evidence, and such evidence may include the following:

1. That he cohabited openly with the mother during all of the 10 months immediately prior to the time the child was born;

2. That he 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;

3. That he allowed by a general course of conduct the common use of his surname by the child;

4. That he 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;

5. That he admitted before any court having jurisdiction to determine his paternity that he is the father of the child;

6. That he voluntarily admitted paternity in writing under oath;

7. The results of scientifically reliable genetic tests, including DNA tests, weighted with all the evidence; or

8. Other medical, scientific, or anthropological evidence relating to the alleged parentage of the child based on tests performed by experts.

B. A judgment establishing a father's paternity made by a court having jurisdiction to determine his paternity is sufficient evidence of paternity for the purposes of this section.