Legal Question in Family Law in Virginia
Establishing Paternity
My finace and I have a 21/2 year old daughter together. I was previously married had separation papers filed in 2003. Our daughter was born in April 2004 in which the laws have changed that year regarding him being named on her birth certificate. I sent off for her birth certificate and it came back with father unknown. We want to know what we need to do to establish paternity and the process.
1 Answer from Attorneys
Re: Establishing Paternity
Sections 20-49.1 and 20-49.2 of the Virginia Code describe how parentage of a child may be established in the Commonwealth either through the parents voluntarily signing a written statement acknowledging paternity under specific conditions or through the commencement of appropriate court action. The first Code section referenced applies to the voluntary action by the parents and the second references action through the court(most likely the Juvenile and Domestic Relations District Court).
In either of the above scenarios, however, once the parentage of the child in question has been established, then a form can be transmitted to the Division of Vital Records(Department of Health) to change the child's birth record to conform with the aforementioned determination regarding the child's parentage.
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