20-49.8 - Judgment or order; costs; birth record.
§ 20-49.8. Judgment or order; costs; birth record.
A. A judgment or order establishing parentage may include any provisiondirected against the appropriate party to the proceeding, concerning the dutyof support, including an equitable apportionment of the expenses incurred onbehalf of the child from the date the proceeding under this chapter was filedwith the court against the alleged parent or, if earlier, the date an orderof the Department of Social Services entered pursuant to Title 63.2 anddirecting payment of support was delivered to the sheriff or process serverfor service upon the obligor. The judgment or order may be in favor of thenatural parent or any other person or agency who incurred such expensesprovided the complainant exercised due diligence in the service of therespondent. The judgment or order may also include provisions for the custodyand guardianship of the child, visitation privileges with the child, or anyother matter in the best interest of the child. In circumstances where theparent is outside the jurisdiction of the court, the court may enter afurther order requiring the furnishing of bond or other security for thepayment required by the judgment or order. The judgment or order may directeither party to pay the reasonable and necessary unpaid expenses of themother's pregnancy and delivery or equitably apportion the unpaid expensesbetween the parties. However, when the Commonwealth, through the Medicaidprogram, has paid such expenses, the court may order reimbursement to theCommonwealth for such expenses.
B. A determination of paternity made by any other state shall be given fullfaith and credit, whether established through voluntary acknowledgment orthrough administrative or judicial process; provided, however, that, exceptas may otherwise be required by law, such full faith and credit shall begiven only for the purposes of establishing a duty to make payments ofsupport and other payments contemplated by subsection A.
C. For each court determination of parentage made under the provisions ofthis chapter, a certified copy of the order or judgment shall be transmittedto the State Registrar of Vital Records by the clerk of the court withinthirty days after the order becomes final. Such order shall set forth thefull name and date and place of birth of the person whose parentage has beendetermined, the full names of both parents, including the maiden name, ifany, of the mother and the name and address of an informant who can furnishthe information necessary to complete a new birth record. In addition, whenthe State Registrar receives a document signed by a man indicating hisconsent to submit to scientifically reliable genetic tests, including bloodtests, to determine paternity and the genetic test results affirming at leasta ninety-eight percent probability of paternity, a new birth record shall becompleted as provided in § 32.1-261. When the State Registrar receives a copyof a judgment or order for a person born outside of this Commonwealth, suchorder shall be forwarded to the appropriate registration authority in thestate 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.)