In any action for death by wrongful act under § 8.01-50, the common-law defense of intra-family immunity is abolished and shall not constitute a valid defense as to any such cause of action that arises on or after July 1, 2020.
§ 8.01-220.1:5.Defense of intra-family immunity abolished for wrongful death actions.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 2020 · Last verified July 16, 2026
In one sentenceSection 8.01-220.1:5 abolishes the common-law defense of intra-family immunity in any wrongful-death action brought under § 8.01-50, for causes of action arising on or after July 1, 2020.
Full Text of § 8.01-220.1:5
Plain-English Summary
Intra-family immunity is a common-law doctrine related to interspousal immunity, historically shielding family members — most often parents and children — from being sued by one another in tort. This section eliminates that defense in one specific context: wrongful-death actions.
Where a death is caused by a wrongful act and the claim proceeds under Virginia’s wrongful-death statute, § 8.01-50, a defendant can no longer raise intra-family immunity as a bar just because the decedent and the defendant were family members. The abolition applies to causes of action arising on or after July 1, 2020, and does not purport to abolish intra-family immunity for other types of tort claims outside the wrongful-death context.
Frequently Asked Questions
Can a wrongful-death claim be brought against a family member of the decedent?
Yes, as far as intra-family immunity is concerned. Section 8.01-220.1:5 abolished that defense for wrongful-death actions under § 8.01-50 arising on or after July 1, 2020.
What is intra-family immunity?
A common-law doctrine that traditionally barred certain lawsuits between family members, similar in concept to interspousal immunity but extending to other family relationships, such as parent and child.
Does this section abolish intra-family immunity for all tort claims, or just wrongful death?
Only wrongful-death actions brought under § 8.01-50. The statute does not address intra-family immunity in other kinds of tort suits.
Does this apply to a death that occurred before July 1, 2020?
No. The abolition applies to causes of action that arise on or after that date.
How does this section relate to § 8.01-220.1, which abolished interspousal immunity?
They address related doctrines — one governs suits between spouses, the other governs wrongful-death suits among family members generally — and both reflect Virginia’s move away from blanket family-relationship immunities in tort.
Amendment History
2020, c. 906.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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