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2000 SESSION
005113684Be it enacted by the General Assembly of Virginia:
1. That § 20-49.8 of the Code of Virginia is amended and reenacted as follows:
§ 20-49.8. Judgment or order; costs; birth record.
A. A judgment or order establishing parentage may include any provision
directed against the appropriate party to the proceeding, concerning the duty
of support, including an equitable apportionment of the expenses incurred on
behalf of the child from the date the proceeding under this chapter was filed
with the court against the alleged parent or, if earlier, the date an order of the
Department of Social Services entered pursuant to Title 63.1 and directing payment
of support was delivered to the sheriff or process server for service upon the
obligor. The judgment or order may be in favor of the natural parent or any
other person or agency who incurred such expenses provided the complainant exercised
due diligence in the service of the respondent. The judgment or order may also
include provisions for the custody and guardianship of the child, visitation
privileges with the child, or any other matter in the best interest of the
child. In circumstances where the parent is outside the jurisdiction of the
court, the court may enter a further order requiring the furnishing of bond or
other security for the payment required by the judgment or order. The judgment
or order may direct either party to pay the reasonable and necessary unpaid
expenses of the mother's pregnancy and delivery or equitably apportion the
unpaid expenses between the parties. However, when the Commonwealth, through
the Medicaid program, has paid such expenses, the court may order reimbursement
to the Commonwealth for such expenses.
B. A determination of paternity made by any other state shall be given full faith and credit, whether established through voluntary acknowledgment or through administrative or judicial process; provided, however, that, except as may otherwise be required by law, such full faith and credit shall be given only for the purposes of establishing a duty to make payments of support and other payments contemplated by subsection A.
C. For each court determination of parentage made under the provisions of this chapter, a certified copy of the order or judgment shall be transmitted to the State Registrar of Vital Records by the clerk of the court within thirty days after the order becomes final. Such order shall set forth the full name and date and place of birth of the person whose parentage has been determined, the full names of both parents, including the maiden name, if any, of the mother and the name and address of an informant who can furnish the information necessary to complete a new birth record. In addition, when the State Registrar receives a document signed by a man indicating his consent to submit to scientifically reliable genetic tests, including blood tests, to determine paternity and the genetic test results affirming at least a ninety-eight percent probability of paternity, a new birth record shall be completed as provided in § 32.1-261. When the State Registrar receives a copy of a judgment or order for a person born outside of this Commonwealth, such order shall be forwarded to the appropriate registration authority in the state of birth or the appropriate federal agency.