Martin v. Howard: PATERNITY AND CHILD SUPPORT LIABILITY – BEYOND THE GRAVE – EXHUMATION FOR DNA TESTING – ILLEGITIMATE CHILD’S RIGHT TO PROVE DESCENT FOR CLAIM AGAINST ESTATE.

The Supreme Court admits that a 1997 statute, §32.1-286(C), was passed for the express purpose of reversing its holding in Garrett v. Majied, 252 Va. 46 (1996), that courts had no jurisdiction to order bodies dug up so an illegitimate child could prove paternity.  Since the statute is there, it mandates exhumation when the illegitimate child or mother of same demands it.  The trial court thought that it had discretion to deny such orders, but there is no such discretion in the statute.  The petitioner is a “party attempting to prove” parentage for §64.1-5.1 and 5.2 inheritance purposes, that is all there is to it.  Thus a woman who sued for exhumation of her supposed father’s body so as to seek a share of his estate had an absolute right to get that result.   21 VLW 1449 (4/20/07).