Succession; determination of parent-child relationship in determining rights to property. (HB1944)

Introduced By

Del. Chris Peace (R-Mechanicsville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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). Read the Bill »


Bill Has Passed


01/13/2009Prefiled and ordered printed; offered 01/14/09 090300676
01/13/2009Referred to Committee for Courts of Justice
01/16/2009Assigned Courts sub: Civil
01/19/2009Subcommittee recommends reporting
01/21/2009Reported from Courts of Justice (19-Y 1-N) (see vote tally)
01/23/2009Read first time
01/26/2009Read second time and engrossed
01/27/2009Read third time and passed House (97-Y 1-N)
01/27/2009VOTE: --- PASSAGE (97-Y 1-N) (see vote tally)
01/28/2009Constitutional reading dispensed
01/28/2009Referred to Committee for Courts of Justice
02/11/2009Assigned Courts sub: Civil
02/16/2009Reported from Courts of Justice with amendment (15-Y 0-N) (see vote tally)
02/17/2009Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/18/2009Read third time
02/18/2009Reading of amendment waived
02/18/2009Committee amendment agreed to
02/18/2009Engrossed by Senate as amended
02/18/2009Passed Senate with amendment (40-Y 0-N) (see vote tally)
02/19/2009Placed on Calendar
02/20/2009Senate amendment agreed to by House (97-Y 1-N)
02/20/2009VOTE: --- ADOPTION (97-Y 1-N) (see vote tally)
02/25/2009Bill text as passed House and Senate (HB1944ER)
02/25/2009Signed by Speaker
02/26/2009Signed by President
03/27/2009G Approved by Governor-Chapter 449 (effective 7/1/09)
03/27/2009G Acts of Assembly Chapter text (CHAP0449)


Marsha Maines writes:

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.