Virginia House Bill HB2259

Virginia 2023 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23
• Report Pass: 2/3/23
• Engrossed: 2/6/23
• Refer: 2/8/23

Caption

Paternity; genetic tests to determine parentage, relief from paternity.

Impact

The proposed changes in HB2259 are expected to have significant implications on current state laws governing paternity and child support in Virginia. Specifically, the bill amends existing statutes to allow courts to grant relief based on scientifically reliable genetic tests. It intends to ensure that court decisions regarding paternity accurately reflect biological relationships, potentially impacting the obligations of individuals named in legal determinations of paternity. Judges would have a responsibility to consider the best interests of the child when making such determinations.

Summary

House Bill 2259 is designed to allow individuals to seek relief from a legal determination of paternity under specific circumstances. The legislation proposes that individuals may file a petition to set aside a final judgment or court order regarding paternity if subsequent genetic testing identifies that the individual named as the father is not biologically related to the child. This provision aims to formalize a legal pathway for individuals who have been misidentified as a child's father and may be held responsible for child support without biological connection.

Sentiment

The sentiment surrounding HB2259 appears mixed. Supporters of the bill argue that it provides a necessary mechanism for individuals wrongfully identified as fathers to seek justice and relief from the obligations that accompany such designations. Advocates highlight the importance of ensuring that child support responsibilities align with biological parentage. Conversely, opponents might express concerns about the potential impact on the stability of child relationships and the consequences for children whose paternity is legally challenged.

Contention

While the bill seeks to rectify issues regarding paternity determinations, points of contention remain, particularly around the timing and criteria for filing such petitions. Critics may argue that allowing such challenges poses risks to the established parent-child relationship, especially for children who have known only one individual as their father. Additionally, the proposed bill requires the petitioner to bear the costs of the genetic test, which could be a barrier for some individuals seeking relief. Balancing the rights of individuals with the best interests of children remains a pivotal point of debate.