CODE OF VIRGINIA

EVIDENCE OF PATERNITY (§ 64.2-103)

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.

HISTORY: 1978, c. 647, § 64.1-5.2; 1989, c. 466; 1991, c. 479; 1999, c. 781;
2012, c. 614.