An individual may file a petition for relief and, except as provided herein, the court may set aside a final judgment, court order, administrative order, obligation to pay child support or any legal determination of paternity if a scientifically reliable genetic test performed in accordance with this chapter establishes the exclusion of the individual named as a father in the legal determination. The court shall appoint a guardian ad litem to represent the interest of the child. The petitioner shall pay the costs of such test. A court that sets aside a determination of paternity in accordance with this section shall order completion of a new birth record and may order any other appropriate relief, including setting aside an obligation to pay child support. No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for relief from a determination of paternity, but only from the date that notice of the petition was served on the nonfiling party.
A court shall not grant relief from determination of paternity if the individual named as father (i) acknowledged paternity knowing he was not the father, (ii) adopted the child, or (iii) knew that the child was conceived through artificial insemination.
2001, c. 814.
Notes of Decisions
Taylor v. Taylor, 65 Va. Cir. 109 (Spotsylvania Cir. Ct. 2004).
· cites it 6× “Taylor seeks relief from his child support obligation under recently-enacted Virginia Code § 20-49.10 on the ground that genetic testing establishes that he is not the father.”
Wesley L. Wooddell v. Simone M. Lagerquist (Va. Ct. App. 2012).
· cites it 36× “Wooddell’s second assignment of error contends that the circuit court erred “in requiring Wooddell to prove paternity through genetic testing” despite the existence of the signed Acknowledgment of Paternity, which operated as a legal judgment. A. THE INTERACTION BETWEEN CODE §…”
Commonwealth ex rel. Simmons v. Tynes, 56 Va. Cir. 82 (Isle of Wight Cir. Ct. 2001).
“That bill adds § 20-49.10 to Chapter 3.1 of Title 20 of the Virginia Code authorizing a “petition for relief’ from child support obligations upon the presentation of a “scientifically reliable genetic test” establishing non-paternity.”
In re Doe, 78 Va. Cir. 379 (Richmond County Cir. Ct. 2009).
· cites it 8× “The cases concern a petition filed under Va. Code § 20-49.10. The statute allows a proceeding to determine paternity by “scientifically reliable genetic testing].”
Vaughn v. Cherry, 62 Va. Cir. 446 (Norfolk Cir. Ct. 2003).
· cites it 6× “Vaughn filed in the District Court and the amended motion he has filed in this Court have only asked for relief on the ground of fraud, he has orally asked for relief pursuant to Code of Virginia § 20-49.”
Steven R. Lucas v. CW,DSS,DCSE, ex rel Teresa Becks (Va. Ct. App. 2001).
· cites it 2× “3 Effective July 1, 2001, Code § 20-49.10 affords relief from a child support or paternity determination order where a subsequent, scientifically reliable, genetic test excludes the individual as the father.”
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