Joyce Rosemary Bruce v. Robert Preston Boardwine

McCullough, judge.

Joyce Rosemary Bruce, the biological and birth mother of a child, J.E., asked the circuit court to dismiss a petition for custody and visitation filed by the child’s biological father, Robert Preston Boardwine. Bruce argues that Boardwine is nothing more than a sperm donor under Virginia’s assisted conception statute and that he has no right to custody or visitation. Boardwine responds that the assisted conception statute does not apply and that he established his paternity through DNA testing. We agree with Boardwine and affirm the judgment below.

BACKGROUND

I. The Child’s…