Va. Code Ann. § 64.2-103
This is the official text of Va. Code Ann. § 64.2-103, part of Virginia’s Code of Virginia — the complete compiled statutory law of Virginia, organized into 60+ numbered titles by subject. This particular section falls under Title 64.2, “Wills, Trusts, and Fiduciaries.”
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Evidence of paternity
Official statutory text
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.
1978, c. 647, § 64.1-5.2; 1989, c. 466; 1991, c. 479; 1999, c. 781 ; 2012, c. 614 .
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.
1978, c. 647, § 64.1-5.2; 1989, c. 466; 1991, c. 479; 1999, c. 781 ; 2012, c. 614 .
Status: in_force · Read it on the official government site
Dealing with a probate matter in Virginia?
See all Virginia Probate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.