SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1997 SESSION

  • | print version

HB 2677 Paternity establishment.

Introduced by: David G. Brickley | all patrons    ...    notes | add to my profiles

SUMMARY:

Paternity establishment. Grants the Department of Social Services the specific authority to administratively establish paternity of a minor and modifies the procedures applicable to paternity determinations generally as required by federal mandates included in the Welfare Reform Act.

A request for genetic testing made in a judicial proceeding in which paternity is an issue must be accompanied by a sworn statement of facts supporting the existence or nonexistence of the requisite sexual contact between the parties. Documentary evidence of expenses incurred for pregnancy, childbirth and genetic testing are made admissible in a judicial proceeding without foundation.

A written voluntary statement acknowledging paternity is binding upon the expiration of 60 days from its signing unless the challenger can establish that the statement resulted from fraud, duress or material mistake of fact. Responsibilities (e.g., child support) flowing from a determination of paternity may not be suspended pending a legal challenge to a voluntary acknowledgment of paternity.

The bill allows the Department to collect the costs of genetic testing against the absent parent only if paternity is established. Where a genetic test is contested, the department is given the authority to require advance payment by the contesting party for a subsequent genetic test.

An administrative acknowledgment of paternity is valid only if both parents previously received oral and written information on its effects.


FULL TEXT

AMENDMENTS

HISTORY