Who The Father Is On Paper
Va. Code 20-49.1 — sixty days to rescind, then binding and conclusive
In Virginia, a voluntary written statement of the father and mother made under oath, after both receive a written and oral description of the rights and responsibilities and of the right to rescind, establishes the parent and child relationship with the same legal effect as a judgment.
Sixty days to rescind. Either party may rescind within sixty days from the date it was signed, unless an administrative or judicial order relating to the child, in an action to which that party was a party, is entered first.
Binding and conclusive. After that, the statement is binding and conclusive unless the challenger proves in a later proceeding that it resulted from fraud, duress or a material mistake of fact, and the signers' legal responsibilities continue during the challenge except for good cause shown.
| The assumption | What the law actually does |
|---|---|
| The assumptionA sworn statement of paternity is just evidence | What the law actually doesIt has the same legal effect as a judgment |
| The assumptionIt can be withdrawn whenever doubt arises | What the law actually doesWithin sixty days, or later only for fraud, duress or mistake |
Paternity cases in court, genetic testing orders, custody and support amounts are not all on this page. Whether a particular acknowledgment can still be undone is a question for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 20-49.1 — How parent and child relationship established
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.