The standard of proof in any action to establish parentage shall be by clear and convincing evidence. Any statements made by a parent in a proceeding held pursuant to this chapter shall be inadmissible in a subsequent criminal proceeding relating to the conception of a child, except for purposes of impeachment. All relevant evidence on the issue of paternity shall be admissible. Such evidence may include, but shall not be limited to, the following:
1. Evidence of open cohabitation or sexual intercourse between the known parent and the alleged parent at the probable time of conception;
2. Medical or anthropological evidence relating to the alleged parentage of the child based on tests performed by experts. If a person has been identified by the mother as the putative father of the child, the court may, and upon request of a party shall, require the child, the known parent, and the alleged parent to submit to appropriate tests;
3. The results of scientifically reliable genetic tests, including blood tests, if available, weighted with all the evidence;
4. Evidence of the alleged parent consenting to or acknowledging, by a general course of conduct, the common use of such parent's surname by the child;
5. Evidence of the alleged parent claiming the child as his child on any statement, tax return or other document filed by him with any state, local or federal government or any agency thereof;
6. A true copy of an acknowledgment pursuant to § 20-49.5; and
7. An admission by a male between the ages of fourteen and eighteen pursuant to § 20-49.6.
1988, cc. 866, 878; 1992, c. 516; 2025, c. 547.
Notes of Decisions
Wyatt v. Virginia Dep't of Soc. Servs., 397 S.E.2d 412 (Va. Ct. App. 1990).
· cites it 16× “On appeal, Wyatt argues that the trial court erred in ordering him to pay support based on its finding, pursuant to Code § 20-49.4, that clear and convincing evidence existed to establish his paternity.”
Commonwealth, DSS v. James Flaneary, 469 S.E.2d 79 (Va. Ct. App. 1996).
· cites it 26× “Therefore, Code § 20-49.4 is the applicable statute by which we review the trial court’s decision that DCSE failed to prove by clear and convincing evidence that Flaneary is the biological father of Gerald Lee Overby.”
Brooks v. Rogers, 445 S.E.2d 725 (Va. Ct. App. 1994).
· cites it 4× “Code § 20-49.4 provides, in pertinent part: The standard of proof in any action to establish parentage shall be by clear and convincing evidence.”
Npa v. Wba, 380 S.E.2d 178 (Va. Ct. App. 1989).
· cites it 2× “Code § 20-49.4 specifies various factors which can be considered to determine paternity.”
Boardwine v. Bruce, 88 Va. Cir. 218 (Roanoke County Cir. Ct. 2014).
· cites it 28× “Va. Code § 20-49.4. If Mr. Boardwine establishes paternity, the Court must determine J.”
Mark Anthony Graves v. Commonwealth (Va. Ct. App. 2007).
· cites it 7× “” Appellant contends for the first time on appeal that the court could not find him guilty without evidence falling into any of the seven categories listed in Code § 20-49.4, which he labels “the statutorily preferred evidence” for proving paternity.”
Wesley L. Wooddell v. Simone M. Lagerquist (Va. Ct. App. 2012).
· cites it 2× “See Code § 20-49.4 (discussing the types of evidence that a trial court may weigh in - 11 - establishing paternity); see also Code § 20-49.”
In re Henderson, 29 Va. Cir. 164 (Charlottesville Cir. Ct. 1992).
· cites it 3× “Va. Code § 20-49.4. The Virginia legislature has instituted a comprehensive procedure for determining the parentage of a child of unwed parents.”
Lucas v. Becks, 52 Va. Cir. 338 (Rockingham Cir. Ct. 2000).
· cites it 3× “The defendant points out that § 20-49.4 of the Code of Virginia requires that paternity must be established by “clear and convincing evidence.”
Commonwealth v. Dyson, 13 Va. Cir. 242 (1988).
· cites it 2× “Section 20-49.4 sets the standard of proof in these cases as being by "clear and convincing evidence," clearly a civil standard, and § 20-49.”
Bryant v. Bryant, 17 Va. Cir. 293 (Chesterfield Cir. Ct. 1989).
· cites it 2× “Section 20-49.4 of the Virginia Code. Once parentage has been established, even implicitly (as in this case), it would stand to reason that defendant should bear the burden to prove and produce evidence to the contrary.”
Va. Code Ann. § 20-49.4(2): 1 case
Mark Anthony Graves v. Commonwealth (Va. Ct. App. 2007).
“” Appellant contends for the first time on appeal that the court could not find him guilty without evidence falling into any of the seven categories listed in Code § 20-49.4, which he labels “the statutorily preferred evidence” for proving paternity.”
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