Establishing Paternity in Virginia
How paternity is established in Virginia: the voluntary acknowledgment form, court orders, genetic testing and deadlines.
Short answer: Paternity may be established by a voluntary written statement of the father and mother made under oath acknowledging paternity, after they receive written and oral notice of their rights and responsibilities. Va. Code §§ 20-49.1, 20-49.3
| Establishing paternity | Paternity may be established by a voluntary written statement of the father and mother made under oath acknowledging paternity, after they receive written and oral notice of their rights and responsibilities. It has the same effect as a court judgment, but either party may rescind within 60 days of signing, unless an administrative or court order about the child is entered first in a case where that party was a party. After that, it can be challenged in court only for fraud, duress or material mistake of fact. Genetic tests showing at least a 98% probability of paternity also establish paternity, and in court cases about child support the court must order genetic testing on a supported motion. For an unmarried mother, the father's name is added to the birth certificate only with a sworn acknowledgment by both parents (Va. Code § 32.1-257). Source: Va. Code §§ 20-49.1, 20-49.3 |
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Where to get help in Virginia
More Virginia divorce & family law
- Getting a Marriage License in Virginia
- Adopting a Child in Virginia
- Guardianship of a Child or Adult in Virginia
- Changing Your Name in Virginia
- Child Custody Laws in Virginia
- How Child Support Is Calculated in Virginia
- Divorce Records in Virginia
- Alimony and Spousal Support in Virginia
- How to File for Divorce in Virginia
- Legal Separation and Annulment in Virginia
- All Virginia divorce & family law rules
FAQ
How do you establish paternity in Virginia?
Paternity may be established by a voluntary written statement of the father and mother made under oath acknowledging paternity, after they receive written and oral notice of their rights and responsibilities. It has the same effect as a court judgment, but either party may rescind within 60 days of signing, unless an administrative or court order about the child is entered first in a case where that party was a party. After that, it can be challenged in court only for fraud, duress or material mistake of fact. Genetic tests showing at least a 98% probability of paternity also establish paternity, and in court cases about child support the court must order genetic testing on a supported motion.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.