Succession; determination of parent-child relationship in determining rights to property. (HB1944)
Introduced By
Del. Chris Peace (R-Mechanicsville)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Succession; child born out of wedlock. Provides that the determination of a parent-child relationship for succession purposes under Title 64.1 applies to intestate succession of real property and not just personal property. This bill is in response to the Supreme Court decision in Jenkins v. Johnson, 276 Va. 30, 641 S.E.2d 484 (2008). Amends § 64.1-5.1, of the Code of Virginia. Read the Bill »
Outcome
Bill Has Passed
History
| Date | Action |
|---|---|
| 01/13/2009 | Committee |
| 01/13/2009 | Prefiled and ordered printed; offered 01/14/09 090300676 |
| 01/13/2009 | Referred to Committee for Courts of Justice |
| 01/16/2009 | Assigned Courts sub: Civil |
| 01/19/2009 | Subcommittee recommends reporting |
| 01/21/2009 | Reported from Courts of Justice (19-Y 1-N) (see vote tally) |
| 01/23/2009 | Read first time |
| 01/26/2009 | Read second time and engrossed |
| 01/27/2009 | Read third time and passed House (97-Y 1-N) |
| 01/27/2009 | VOTE: --- PASSAGE (97-Y 1-N) (see vote tally) |
| 01/28/2009 | Constitutional reading dispensed |
| 01/28/2009 | Referred to Committee for Courts of Justice |
| 02/11/2009 | Assigned Courts sub: Civil |
| 02/16/2009 | Reported from Courts of Justice with amendment (15-Y 0-N) (see vote tally) |
| 02/17/2009 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
| 02/18/2009 | Read third time |
| 02/18/2009 | Reading of amendment waived |
| 02/18/2009 | Committee amendment agreed to |
| 02/18/2009 | Engrossed by Senate as amended |
| 02/18/2009 | Passed Senate with amendment (40-Y 0-N) (see vote tally) |
| 02/19/2009 | Placed on Calendar |
| 02/20/2009 | Senate amendment agreed to by House (97-Y 1-N) |
| 02/20/2009 | VOTE: --- ADOPTION (97-Y 1-N) (see vote tally) |
| 02/25/2009 | Enrolled |
| 02/25/2009 | Bill text as passed House and Senate (HB1944ER) |
| 02/25/2009 | Signed by Speaker |
| 02/26/2009 | Signed by President |
| 03/27/2009 | G Approved by Governor-Chapter 449 (effective 7/1/09) |
| 03/27/2009 | G Acts of Assembly Chapter text (CHAP0449) |
Comments
the determination of a parent-child relationship should be determined by DNA.
There are many NCP's who have children born out of wedlock, and are paying child support, even without a parent-child "relationship" - not always due to their own wishes -but that of "the state" or Custodial parent... this looks like a case where Common Law rights should prevail.