CODE OF VIRGINIA

ADMISSION OF GENETIC TESTS (§ 20-49.3)

A. In the trial of any matter in any court in which the question of parentage
arises, the court, upon its own motion or upon motion of either party, may and,
in cases in which child support is in issue, shall direct and order that the
alleged parents and the child submit to scientifically reliable genetic tests
including blood tests. The motion of a party shall be accompanied by a sworn
statement either (i) alleging paternity and setting forth facts establishing a
reasonable possibility of the requisite sexual contact between the parties or
(ii) denying paternity.

B. The court shall require the person requesting such genetic test, including a
blood test, to pay the cost. However, if such person is indigent, the
Commonwealth shall pay for the test. The court may, in its discretion, assess
the costs of the test to the party or parties determined to be the parent or
parents.

C. The results of a scientifically reliable genetic test, including a blood
test, may be admitted in evidence when contained in a written report prepared
and sworn to by a duly qualified expert, provided the written results are filed
with the clerk of the court hearing the case at least fifteen days prior to the
hearing or trial. Verified documentary evidence of the chain of custody of the
blood specimens is competent evidence to establish the chain of custody. Any
qualified expert performing such test outside the Commonwealth shall consent to
service of process through the Secretary of the Commonwealth by filing with the
clerk of the court the written results. Upon motion of any party in interest,
the court may require the person making the analysis to appear as a witness and
be subject to cross-examination, provided that the motion is made at least seven
days prior to the hearing or trial. The court may require the person making the
motion to pay into court the anticipated costs and fees of the witness or
adequate security for such costs and fees.

HISTORY: 1988, cc. 866, 878; 1989, c. 598; 1992, c. 516; 1997, cc. 792, 896.