How do I establish paternity in Virginia?
Virginia paternity law is found in Va. Code Title 20, Chapter 3.1, and related provisions.
1. Acknowledgment of Paternity (AOP)
Form VS-22 (Acknowledgment of Paternity) is signed by both parents in the presence of a notary at the hospital, a DSS office, or a local registrar, and filed with the Virginia Department of Health, Office of Vital Records. Under Va. Code § 20-49.1(B)(2) a properly executed AOP "shall have the same legal effect as a judgment entered pursuant to § 20-49.8." Either party may rescind within 60 days or before any administrative or judicial proceeding relating to the child, whichever is earlier (§ 20-49.1(B)(2)). After that period, challenges require fraud, duress, or material mistake of fact (§ 20-49.1(B)(2)).
2. Court-Ordered Paternity
A petition under Va. Code § 20-49.2 may be filed by the mother, alleged father, child (through next friend), DSS Division of Child Support Enforcement, or personal representative in the J&DR District Court of the city or county where the mother or child resides. Under Va. Code § 20-49.3 and 42 U.S.C. § 666(a)(5)(B) the court orders scientifically reliable genetic testing on motion; a 98% probability creates a presumption of paternity (§ 20-49.3(A)(1)).
3. Presumption of Paternity
Under Va. Code § 64.2-102 a child born to a married woman is presumed legitimate; the presumption may be rebutted by clear and convincing evidence (§ 20-49.10). Genetic test results are admissible without further foundation.
4. Effects of Establishing Paternity
Triggers child support under Va. Code § 20-108.2 guidelines, opens custody and visitation under § 20-124.2, vests intestate inheritance under § 64.2-102, and supports a birth-certificate amendment via VS-7 with VDH Vital Records.
5. Special Situations
Same-sex spouses are presumed parents post-Obergefell. Donor non-parentage is recognized under Va. Code § 20-158 (Assisted Conception statute). Virginia recognizes surrogacy contracts under § 20-159 et seq. Posthumous paternity is recognized under § 64.2-103.
This is legal information, not legal advice.
- Assisted-conception or surrogacy parentage order under Va. Code §§ 20-156 to 20-165
- Contested AOP after the 60-day rescission window
- Marital presumption challenge by a putative biological father against a presumed husband-father
- Va. Code § 20-49.1
- Va. Code § 20-49.2
- Va. Code § 20-49.3
- Va. Code § 20-49.10
- Va. Code § 64.2-102
- Va. Code § 20-158
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.