Senate adopts measure allowing courts to terminate parental rights when child conceived by sexual assault

House Bill 17‑27 was the focus of an extended debate in the Senate on Wednesday, culminating in adoption of the bill after the chamber rejected a floor substitute that had significantly revised the measure.

The bill creates a process for terminating parental rights when a child is conceived as a result of sexual assault. Supporters said the law gives survivors an option other than relying solely on the criminal justice system and lets courts protect children and survivors without requiring a criminal conviction. Opponents warned the original bill could lead to problematic evidentiary procedures and urged narrower language to protect children’s access to support and inheritance.

Senator Chap Petersen explained the House substitute initially removed certain protections; Senator Creigh Deeds (Senator from Charlottesville) offered the floor substitute in the Senate to narrow the bill’s procedures and preserve children’s rights to support and inheritance. Deeds described his substitute as a technical compromise returned by stakeholders and the Family Law Section in an attempt to balance the survivor-protection intent with concerns raised by judges and court administrators.

Senate debate included dozens of senators and several advocacy groups. Senators who spoke in opposition described the risk of creating a “quasi‑criminal” civil process to determine the elements of an uncharged crime. Senator Amanda Stewart (King George) and others said survivors could be retraumatized by a civil adjudication resembling a criminal trial. Several senators, including Barbara Favola (Arlington) and…