Va. Code » Title 20. Domestic Relations » Chapter 9. Status of Children of Assisted Conception

Va. Code Ann. § 20-164

Relation of parent and child

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A child whose status as a child is declared or negated by this chapter is the child only of his parent or parents as determined under this chapter, Title 64.2, and, when applicable, Chapter 3.1 (§ 20-49.1 et seq.) of this title for all purposes including, but not limited to, (i) intestate succession; (ii) probate law exemptions, allowances, or other protections for children in a parent's estate; and (iii) determining eligibility of the child or its descendants to share in a donative transfer from any person as an individual or as a member of a class determined by reference to the relationship. However, a child born more than ten months after the death of a parent shall not be recognized as such parent's child for the purposes of subdivisions (i), (ii) and (iii) of this section.

1991, c. 600; 1994, c. 919.

Notes of Decisions
Cited in 3 cases, 2011–2013 · leading case: Schafer v. Astrue
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Schafer v. Astrue (2011) ca4 · cites it 4× “Va.Code Ann. § 20-164 (ten-month limitation); Va.”
Breit v. Mason (2011) vactapp · cites it 2× “Code § 20-164 provides, in pertinent part, that ”[a] child whose status as a child is declared or negated by this chapter [Status of Children of Assisted Conception] is the child only of his parent or parents as determined under this chapter, Title 64.”
L.F. v. Breit (2013) va · cites it 4× “Code § 20-164 states: A child whose status as a child is declared or negated by this chapter [chapter 9] is the child only of his parent or parents as determined under this chapter, Title 64.”
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