Virginia SB 612: Assisted conception; parentage presumption.

Status: Referred to Committee for Courts of Justice (as of 2018-01-10)

State: Virginia · Session: 2018 · Bill: SB 612

Subjects: Domestic Relations

Sponsors: Scott A. Surovell

Bill Text

Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18100743D

SENATE BILL NO. 612 

Offered January 10, 2018 

Prefiled January 10, 2018 

A BILL to amend and reenact �� 20-49.1, 20-156, 20-158 through 
 20-163, 20-165, 32.1-257, and 32.1-258.1 of the Code of Virginia, relating to 
 assisted conception; parentage presumption. 
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Patron-- Surovell 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That �� 20-49.1, 20-156, 20-158 through 20-163, 20-165, 
 32.1-257, and 32.1-258.1 of the Code of Virginia are amended and reenacted as 
 follows:

� 20-49.1. How parent and child relationship established.

A. The parent and child relationship between a child and a 
 woman may be established prima facie by proof of her having given birth to the 
 child, or as otherwise provided in this chapter.

B. The parent and child relationship between a child and a man 
 may be established by:

1. Scientifically reliable genetic tests, including blood 
 tests, which that 
 affirm at least a ninety-eight 98 percent probability of 
 paternity. Such genetic test results shall have the same legal effect as a 
 judgment entered pursuant to � 20-49.8.

2. A voluntary written statement of the father and mother made 
 under oath acknowledging paternity and confirming that, 
 prior to signing the acknowledgment, the parties were provided with a written 
 and oral description of the rights and responsibilities of acknowledging 
 paternity and the consequences arising from a signed acknowledgment, including 
 the right to rescind. The acknowledgement may be rescinded by either party 
 within sixty 60 
 days from the date on which it was signed unless an administrative or judicial 
 order relating to the child in an action to which the party seeking rescission 
 was a party is entered prior to the rescission. A written statement shall have 
 the same legal effect as a judgment entered pursuant to � 20-49.8 and shall be 
 binding and conclusive unless, in a subsequent judicial proceeding, the person 
 challenging the statement establishes that the statement resulted from fraud, 
 duress, or a material mistake of 
 fact. In any subsequent proceeding in which a statement acknowledging paternity 
 is subject to challenge, the legal responsibilities of any person signing it 
 shall not be suspended during the pendency of the proceeding, except for good 
 cause shown. Written acknowledgments of paternity made under oath by the father 
 and mother prior to July 1, 1990, shall have the same legal effect as a 
 judgment entered pursuant to � 20-49.8.

3. In the absence of such acknowledgment or if the probability 
 of paternity is less than ninety-eight 98 percent, such relationship 
 may be established as otherwise provided in this chapter.

C. The

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