W. Va. Code R. § 64-32-6 - Certificates of Birth Following Adoption, Legitimation, Paternity Determination, and Paternity Acknowledgment

6.1. Legitimation.

6.1.a. The State Registrar shall prepare a new certificate of birth for a child born in West Virginia if the natural parents marry after the birth of the child and upon receipt of sworn acknowledgment of paternity and a certified copy of the parents' marriage record. However, if another man is shown as the father on the original certificate of birth, the State Registrar may prepare a new certificate of birth only when a determination of paternity is made by a court of competent jurisdiction or following adoption.

6.2. Court Determination of Paternity.

6.2.a. The State Registrar shall prepare a new certificate of birth for a child born in West Virginia upon receipt of a certified copy of a court determination of paternity. If a new surname of the child is not decreed by the court, the parents or legal guardian may specify a new surname to be placed on the certificate of birth as long as the registrant is under eighteen years of age.

6.3. Acknowledgment of Paternity.

6.3.a. The State Registrar shall prepare a new certificate of birth for a child born out of wedlock in this State upon receipt of a sworn acknowledgment of paternity signed by both parents and a written request by both parents that the child's surname remain the same or be changed on the certificate. However, if another man is shown as the father of the child on the original certificate, the State Registrar may prepare a new certificate only when a determination of paternity is made by a court of competent jurisdiction or following adoption.

6.4. In lieu of preparing a new birth certificate under the provisions of subsections 6.1, 6.2, and 6.3 of this section, the State Registrar may alter the original certificate provided that the fact of alteration is not obvious on the face of the certificate.

6.5. New Certificate.

6.5.a. The new certificate of birth prepared after adoption, legitimation, court determination of paternity, or acknowledgment of paternity shall be on the form in use at the time of its preparation and shall include the following items and any information necessary to complete the certificate:

6.5.a.1. The name of the child;

6.5.a.2. The date and city and/or county of birth as transcribed from the original certificate;

6.5.a.3. The names and personal particulars of the adoptive parents or of the natural parents, whichever is appropriate;

6.5.a.4. The name of the attendant, printed or typed;

6.5.a.5. The birth number assigned to the original birth certificate; and

6.5.a.6. The original filing date.

6.5.b. The State Registrar shall prescribe or approve forms for the submission of the information necessary to locate the existing certificate and to complete the new certificate.

6.6. Existing Certificate to Be Placed in a Special File.

6.6.a. After preparation of the new certificate, the State Registrar shall place the existing certificate and the evidence upon which the new certificate was based in a special file. The file shall not be subject to inspection except upon order of a court of competent jurisdiction or by the State Registrar for purposes of properly administering the system of vital statistics or as otherwise provided by W. Va. Code or the Code of State Rules.

Notes

W. Va. Code R. § 64-32-6