20-49.4 - Evidence relating to parentage. - Virginia Statutes

§ 20-49.4. Evidence relating to parentage.

The standard of proof in any action to establish parentage shall be by clearand convincing evidence. All relevant evidence on the issue of paternityshall be admissible. Such evidence may include, but shall not be limited to,the following:

1. Evidence of open cohabitation or sexual intercourse between the knownparent and the alleged parent at the probable time of conception;

2. Medical or anthropological evidence relating to the alleged parentage ofthe child based on tests performed by experts. If a person has beenidentified by the mother as the putative father of the child, the court may,and upon request of a party shall, require the child, the known parent, andthe alleged parent to submit to appropriate tests;

3. The results of scientifically reliable genetic tests, including bloodtests, if available, weighted with all the evidence;

4. Evidence of the alleged parent consenting to or acknowledging, by ageneral course of conduct, the common use of such parent's surname by thechild;

5. Evidence of the alleged parent claiming the child as his child on anystatement, tax return or other document filed by him with any state, local orfederal government or any agency thereof;

6. A true copy of an acknowledgment pursuant to § 20-49.5; and

7. An admission by a male between the ages of fourteen and eighteen pursuantto § 20-49.6.

(1988, cc. 866, 878; 1992, c. 516.)