A. As used in this section, "pregnancy and delivery expenses" means an amount equal to the sum of a pregnant mother's reasonable and necessary medical costs, minus any portion of such sum that a court determines is equitable based on the totality of the circumstances. Any amount paid by either parent may be credited by a court.
B. A judgment or order establishing parentage may include any provision directed against the appropriate party to the proceeding, concerning the duty of support, including an equitable apportionment of the expenses incurred on behalf of the child from the date the proceeding under this chapter was filed with the court against the alleged parent or, if earlier, the date an order of the Department of Social Services entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service upon the obligor. The judgment or order may be in favor of the natural parent or any other person or agency who incurred such expenses provided the complainant exercised due diligence in the service of the respondent. The judgment or order may also include provisions for the custody and guardianship of the child, visitation privileges with the child, or any other matter in the best interest of the child. In circumstances where the parent is outside the jurisdiction of the court, the court may enter a further order requiring the furnishing of bond or other security for the payment required by the judgment or order. In the event that the initial petition for the establishment of parentage is commenced within six months of the live birth of a child, the judgment or order shall, except for good cause shown or as otherwise agreed to by the parties, apportion between the legal parents, in proportion to the legal parents' gross incomes, as used for calculating the monthly child support obligation pursuant to § 20-108.2, (i) the mother's unreimbursed pregnancy and delivery expenses and (ii) those reasonable expenses incurred by either parent for the benefit of the child prior to the birth of the child. However, when the Commonwealth, through the Medicaid program or other government program, has paid such expenses, the court may order reimbursement to the Commonwealth for such expenses.
C. A determination of paternity made by any other state shall be given full faith and credit, whether established through voluntary acknowledgment or through administrative or judicial process; provided, however, that, except as may otherwise be required by law, such full faith and credit shall be given only for the purposes of establishing a duty to make payments of support and other payments contemplated by subsection B.
D. For each court determination of parentage made under the provisions of this chapter, a certified copy of the order or judgment shall be transmitted to the State Registrar of Vital Records by the clerk of the court within thirty days after the order becomes final. Such order shall set forth the full name and date and place of birth of the person whose parentage has been determined, the full names of both parents, including the maiden name, if any, of the mother and the name and address of an informant who can furnish the information necessary to complete a new birth record. In addition, when the State Registrar receives a document signed by a man indicating his consent to submit to scientifically reliable genetic tests, including blood tests, to determine paternity and the genetic test results affirming at least a ninety-eight percent probability of paternity, a new birth record shall be completed as provided in § 32.1-261. When the State Registrar receives a copy of a judgment or order for a person born outside of this Commonwealth, such order shall be forwarded to the appropriate registration authority in the state of birth or the appropriate federal agency.
1988, cc. 866, 878; 1990, c. 615; 1992, c. 867; 1994, c. 869; 1996, c. 491; 1998, c. 592; 2023, cc. 570, 571.
Notes of Decisions
Cited in
14
cases, 1993–2020 · leading case:
Dunbar v. Hogan, 432 S.E.2d 16 (Va. Ct. App. 1993).
Dunbar v. Hogan, 432 S.E.2d 16 (Va. Ct. App. 1993).
· cites it 18× “the same legal effect as a judgment entered pursuant to Code § 20-49.8,” 1 is not res judicata of paternity, nor does it collaterally estop a party in interest from adjudicating the issue of paternity, where no previous judicial determination of paternity has been made.”
Breit v. Mason, 718 S.E.2d 482 (Va. Ct. App. 2011).
· cites it 4× “A written statement shall have the same legal effect as a judgment entered pursuant to [Code] § 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,…”
Volkswagen of Am., Inc. v. Smit, 689 S.E.2d 679 (Va. 2010).
· cites it 2× “14(C) (permitting the Criminal Justice Services Board to equitably distribute forfeited property to eligible participating agencies); Code § 20-49.8(A) (permitting a court to equitably apportion unpaid expenses of a paternity proceeding); Code § 23-30.”
Commonwealth, DSS v. James Flaneary, 469 S.E.2d 79 (Va. Ct. App. 1996).
· cites it 6× “Such statement or blood test result shall have the same legal effect as a judgment entered pursuant to § 20-49.8. In the absence of such acknowledgment or if the probability of paternity is less than ninety-eight percent, such relationship may be established as otherwise…”
In re Cooper-Loney, 56 Va. Cir. 67 (Richmond County Cir. Ct. 2001).
· cites it 9× “An order of support or custody or visitation entered pursuant to Code § 20-49.8 which is based on the sworn Declaration of Paternity or on the blood test results would, based on the provisions of former Code § 20-49.”
In re Taylor, 44 Va. Cir. 232 (Richmond County Cir. Ct. 1997).
· cites it 14× “Va. Code § 20-49.8 is part of Chapter 3.1 of Title 20, which generally sets out the procedure for determining parentage in court.”
Wesley L. Wooddell v. Simone M. Lagerquist (Va. Ct. App. 2012).
· cites it 7× “Wooddell proffered that both parties had executed the Acknowledgment of Paternity in the hospital upon the birth of both children which has the same legal effect as a judgment entered pursuant to Section 20-49.8 of the Code of Virginia. [Wooddell’s counsel] treated…”
Pamela L. Cave v. George R. Opria (Va. Ct. App. 2009).
· cites it 6× “Appellant may, if she so desires, proceed under Code § 20-49.8 to recover any unpaid medical expenses relating to the pregnancy and birth of her child.”
Lydda Myers v. James T. Brolin, a/k/a, etc (Va. Ct. App. 1995).
· cites it 6× “Code § 20-49.8 provides that an order establishing parentage "may include any provision directed against the appropriate party to the proceeding, concerning the duty of support .”
L.F. v. Breit (Va. 2013).
· cites it 2× “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 .”
Steven L. Comer v. Pamela Parsell Comer (Va. Ct. App. 1996).
· cites it 3× “Such statement or blood test result shall have the same legal effect as a judgment entered pursuant to § 20-49.8. Code § 20-49.1(B) (emphasis added).”
— Va. Code Ann. § 20-49.8(A) — 2 cases
Volkswagen of Am., Inc. v. Smit, 689 S.E.2d 679 (Va. 2010).
“14(C) (permitting the Criminal Justice Services Board to equitably distribute forfeited property to eligible participating agencies); Code § 20-49.8(A) (permitting a court to equitably apportion unpaid expenses of a paternity proceeding); Code § 23-30.”
Steven L. Comer v. Pamela Parsell Comer (Va. Ct. App. 1996).
“Such statement or blood test result shall have the same legal effect as a judgment entered pursuant to § 20-49.8. Code § 20-49.1(B) (emphasis added).”
— Va. Code Ann. § 20-49.8(B) — 1 case
Commonwealth, DSS v. James Flaneary, 469 S.E.2d 79 (Va. Ct. App. 1996).
“Such statement or blood test result shall have the same legal effect as a judgment entered pursuant to § 20-49.8. In the absence of such acknowledgment or if the probability of paternity is less than ninety-eight percent, such relationship may be established as otherwise…”
— Va. Code Ann. § 20-49.8(C) — 2 cases
Breit v. Mason, 718 S.E.2d 482 (Va. Ct. App. 2011).
“A written statement shall have the same legal effect as a judgment entered pursuant to [Code] § 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,…”
Pamela L. Cave v. George R. Opria (Va. Ct. App. 2009).
“Appellant may, if she so desires, proceed under Code § 20-49.8 to recover any unpaid medical expenses relating to the pregnancy and birth of her child.”
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