§ 64.1-5.2. Evidence of paternity
For the purposes of this title, evidence that a man is the father of a child born out of wedlock shall be clear and convincing and may include, but shall not be limited to, the following:
1. That he cohabited openly with the mother during all of the ten 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 records 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 try and dispose of the same 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.
If a proceeding to determine parentage has been initiated and concluded pursuant to former § 20-61.1 or Chapter 3.1 (§ 20-49.1 et seq.) of Title 20, 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 for the purposes of this section.
(1978, c. 647; 1989, c. 466; 1991, c. 479; 1999, c. 781.)
Sections: Previous 64.1-01 64.1-1 64.1-2 64.1-3 64.1-4 64.1-5 64.1-5.1 64.1-5.2 64.1-6 64.1-6.1 64.1-7 64.1-7.1 64.1-8 64.1-8.1 64.1-9 NextLast modified: April 16, 2009