HB765

HB765: This bill would create a private cause of action for the termination of parental rights where it is established by clear and convincing evidence that the conception of the child was the result of sexual assault. This is true regardless of whether the parent was charged with or convicted of the alleged violation. The bill further states, “Any provision regarding the appointment of a guardian ad litem applicable to petitions filed pursuant §16.1-283 shall apply mutatis mutandis to petitions filed pursuant to this section”, which seems to suggest that the statute permits the appointment of a GAL for children in such matters. Upon further investigation, it appears that § 16.1-266(E) may function in this context to provide for the discretionary appointment of GAL, who must be an attorney, in this context. (“In those cases described in subsections A, B, C and D, which in the discretion of the court require counsel or a guardian ad litem to represent the child or children or the parent or guardian or other adult party in addition to the representation provided in those subsections, a discreet and competent attorney-at-law may be appointed by the court as counsel or a guardian ad litem.”).