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WV Code § 16-5-17 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-17. Court Reports of Determination of Paternity

(a) When a court of competent jurisdiction has entered an order of paternity, the petitioner shall provide the information necessary for the clerk of the court to complete and certify a certificate of paternity on a form prescribed and furnished by the state Registrar. The certificate of paternity shall provide:(1) Facts necessary to locate and identify the certificate of birth of the person whose paternity is determined;(2) Information necessary to establish a new certificate of birth of the person whose paternity is determined; and(3) Information sufficient to identify the order of paternity.(b) Not later than the tenth day of each calendar month, the clerk of the court shall forward to the state Registrar certificates of paternity entered in the preceding month, together with related reports as the state Registrar shall require.(c) In addition to providing the information necessary to establish a new certificate of birth of the person whose paternity has been determined, a person whose name is to appear on the certificate of paternity as a parent shall furnish to the clerk of the circuit court the social security number or numbers issued to the parent. A record of the social security number or numbers shall be forwarded to the state Registrar along with the certificate of paternity, as provided in subsection (b) of this section.
WV Code § 16-5-20 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-20. Delayed Registration of Death

(a) When a death occurring in this state has not been registered within the time period described by section nineteen of this article, a certificate of death may be filed subject to evidentiary documentation and other requirements as prescribed by legislative rule.(b) If the required evidentiary documentation is not filed with the application for a delayed registration of death or the state Registrar has cause to question the validity or adequacy of the evidentiary documentation, the state Registrar may not register the delayed certificate of death and shall advise the applicant of his or her right to seek an order from a court of competent jurisdiction.(c) A certificate of death registered one year or more after the date of death shall be marked "Delayed" and shall show on its face the date of the delayed registration.
WV Code § 16-5-21 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-21. Reports of Fetal Death

(a) Each fetal death of three hundred fifty grams or more, and if weight is unknown, of twenty completed weeks of gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, which occurs in this state, shall be reported within five days after delivery to the section of vital statistics or as otherwise directed by the state Registrar.(1) When a fetal death occurs, the person in charge of the institution or his or her designated representative shall prepare and file the report. In obtaining the information required by the report, all institutions shall use information gathering procedures, including worksheets, provided or approved by the state Registrar.(2) When a fetal death occurs, the physician in attendance at or immediately after delivery shall prepare and file the report.(3) When inquiry is required pursuant to article twelve, chapter sixty-one, or other applicable provisions of this code, the state Medical Examiner or designee or county medical examiner or county coroner shall investigate the cause of fetal death and shall prepare and file the report within five days. If after investigation, the state Medical Examiner or designee or county medical examiner or county coroner decline jurisdiction, the person declining jurisdiction may direct the local health officer to investigate the cause of fetal death and prepare and file the report.(4) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state, the place where the fetus was first removed from the conveyance will be considered the place of fetal death.(b) When a fetus is found in this state and the place of death is unknown, the fetal death shall be recorded in this state, and the place where the fetus was found will be considered the place of fetal death.
WV Code § 16-5-21a (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-21a. Noah's Law; Certificate of Birth for a Stillbirth; and Contents of Certificate

(a) This section of the code shall be known as "Noah's Law".(b) For the purposes of this section, the term "stillbirth" or "stillborn" means an unintended intrauterine fetal death occurring in this state.(c) Following a report of fetal death as required by section twenty-one of this article, either the mother or father of a stillborn child may request that a certificate of birth resulting in stillbirth be issued by the State Registrar. Only the mother of the child may request a certificate if:(1) The child has not been legitimized;(2) A court has not determined the paternity of the child;(3) If no father has been identified; or(4) If the child was conceived as a result of a sexual assault as defined in article eight-b, chapter sixty-one of this code.(d) The State Registrar may charge a fee for the issuance of the certificate. The fee shall be the same as the fee for a death certificate issued by the State Registrar.(e) The certificate shall include, but is not limited to:(1) The name of the stillborn child;(2) The date of delivery;(3) The county of delivery;(4) The mother's name and birthplace;(5) The father's name and birthplace; and(6) The statement: "This certificate is not proof of live birth."(f) The certificate does not affect the registration, filing or record requirements of this article, nor does the issuance of the certificate impose upon a coroner or medical examiner any additional duties to conduct an investigation.
WV Code § 16-5-22 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-22. Reports of Induced Termination of Pregnancy

(a) Each induced termination of pregnancy which occurs in this state, regardless of the length of gestation, shall be reported to the section of vital statistics no later than the tenth day of the month following the month the procedure was performed by the person in charge of the institution in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution, it shall be reported by the attending physician. The State Registrar shall prepare a form or provide a suitable electronic process for the transmission of the reports from the institution or physician to the section of vital statistics. Information to be collected shall include:(1) The gestational age of the fetus;(2) The state and county of residence of the woman;(3) The age of the woman;(4) The type of medical or surgical procedure performed;(5) The method of payment for the procedure;(6) Whether birth defects were known, and if so, what birth defects; and(7) Related information as required by the commissioner, other applicable sections of this code, or by the legislative rule: Provided, That:(A) No personal identifiers, including, but not limited to, name, street address, city, zip code, or social security number, will be collected; and(B) Individual records may only be released for research purposes as approved by the state Registrar and may be released in a format designed to further protect the confidentiality of the woman as the state Registrar deems necessary.(b) An analysis of the compiled information relating to induced terminations of pregnancy shall be included in the annual report of vital statistics.
WV Code § 16-5-24 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-24. Extension of Time for Filing Certificates, Reports and Authorizations

(a) The department shall, by legislative rule, provide for the extension of the time periods prescribed in sections nineteen, twenty-one, twenty-two and twenty-three of this article for the filing of certificates of death, reports of fetal death, reports of induced termination of pregnancy, medical certifications of the cause of death, and for obtaining authorization for disposition, in cases in which compliance with the applicable prescribed period would result in undue hardship.(b) The legislative rules shall provide for the authorization for disposition under section twenty-three of this article prior to the filing of a certificate of death in circumstances in which compliance with the requirement that the certificate be filed prior to the issuance of the permit would result in undue hardship.
WV Code § 16-5-25 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-25. Correction and Amendment of Vital Records

(a) In order to protect the integrity and accuracy of vital records, a certificate or report registered under this article may be amended only in accordance with the provisions of this article or legislative rule.(b) A certificate or report that is amended under this section must indicate that it has been amended, except as otherwise provided in this section or by legislative rule: Provided, That the department shall prescribe by legislative rule the conditions under which additions or corrections of minor deficiencies, including, but not limited to, the omission or misspelling of a first name, may be made to certificates or records within one year of the event without the certificate indicating that it has been amended.(c) The State Registrar shall maintain a record which identifies the evidence upon which the amendment was based, the date of amendment, and the identity of the person making the amendment.(d) Upon receipt of a certified copy of a court order of a court of competent jurisdiction changing the name of a person born in this state, and upon request of the person whose name is to be changed or his or her parent, guardian or legal representative, the state Registrar shall amend the certificate of birth to reflect the new name.(e) If the required evidentiary documentation is not filed with the application for amending a vital record or the state Registrar has cause to question the validity or adequacy of the evidentiary documentation, the state Registrar may not amend the vital record and shall advise the applicant of his or her right to seek an order from a court of competent jurisdiction.(f) When the state Registrar amends a certificate or report, he or she shall report the amendment to any other custodian of the vital record.(g) When an amendment is made to a certificate of marriage or record of divorce or annulment, the local official issuing the marriage license or the court ordering the divorce or annulment shall forward copies of the amendment to the state Registrar.(h) In addition to providing the information necessary to amend a certificate or record, a person whose name is to appear on the amended certificate as a parent shall furnish the social security number or numbers, issued to the parent, which must be forwarded to the state Registrar along with the information required for the amended certificate.
WV Code § 16-5-26 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-26. Reproduction and Preservation of Records

To preserve vital records and other original documents, the state Registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of certificates or reports and files in the section of vital statistics. When verified and approved by the state Registrar, the reproductions shall be accepted as the original records, and the documents from which permanent reproductions have been made may be disposed of as provided by legislative rule or other provisions of state law.
WV Code § 16-5-29 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-29. Fees for Copies and Searches

(a) The commissioner shall prescribe the fees to be charged and collected by the state Registrar for certified copies of certificates or records, not to exceed $10 per copy, or for a search of the files or records when no copy is made: Provided, That the fee may be increased to a maximum of $12 per copy, at the discretion of the commissioner, after July 1, 2008.(b) The commissioner may prescribe additional fees for the priority production or express delivery of certified copies.(c) The State Registrar may furnish certified copies of birth and death records to state agencies and to organized charities free of charge when the certificates are needed in presenting claims to the federal government or to a state for public assistance. The State Registrar will keep a record of all certificates furnished pursuant to this subsection.(d) Subject to the provisions set forth in section two, article two, chapter twelve of this code, there is hereby continued in the state Treasury a separate account which shall be designated "the vital statistics account."(e) After July 1, 2006, and subject to the provisions set forth in section two, article two, chapter twelve of this code, there is established in the state Treasury a separate account which shall be designated "the vital statistics improvement fund." Funds deposited in this account will be used to modernize and automate the system of vital statistics in this state and may not be used to supplant existing funding necessary for the daily operation of the system of vital statistics. Funds in this account will be retained in a nonlapsing fund for the improvement of the system of vital statistics.(f) The commissioner shall deposit $1 received under the provisions of this section for each certified copy to the "vital statistics improvement fund" and shall deposit $4 received under the provisions of this section for each certified copy to the General Revenue Fund account. The commissioner shall deposit the remainder of all fees received under the provisions of this section for certified copies and for priority production and express delivery to the vital statistics account.(g) The commissioner is authorized to expend the moneys deposited in the vital statistics account in accordance with the laws of this state as necessary to implement this article. The Legislature shall appropriate all moneys in the vital statistics account as part of the annual state budget.(h) The commissioner shall make an annual report to the Legislature on the vital statistics account, including the previous fiscal year's expenditures and projected expenditures for the next fiscal year.
WV Code § 16-5-30 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-30. Persons Required to Keep Records

(a) Every person in charge of an institution as defined in this article shall keep a record of personal data concerning each person admitted or confined to the institution. The record must include information required for the certificates of birth and death and the reports of fetal death required by this article. The record shall be made at the time of admission from information provided by the person being admitted or confined, but when it cannot be so obtained, the information will be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information will be included in the record.(b) When a dead body or fetus is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent, date of death, name and address of the person to whom the body or fetus is released, and date of removal from the institution. If final disposition is made by the institution, the date, place and manner of disposition will be recorded.(c) A funeral director, embalmer, sexton or other person who removes from the place of death or transports or makes final disposition of a dead body or fetus, in addition to filing any certificate or other report required by this article or legislative rule, shall keep a record which identifies the body, and information as required by legislative rule pertaining to the receipt, removal, delivery, and burial or cremation of the body.(d) Records maintained under this section must be retained for at least three years and must be made available for inspection by the state Registrar or his or her representative upon request.
WV Code § 16-5-31 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-31. Duty to Furnish Information Relative to Vital Events

(a) Any person or institution required under this article to collect and maintain information regarding any birth, death, fetal death, marriage, or divorce or annulment, shall furnish the information to the state Registrar upon request.(b) Any person or institution that in good faith provides information required by this article or legislative rules shall not be subject to criminal prosecution or any action for damages.(c) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution shall send to the section of vital statistics a list showing all births, deaths and fetal deaths occurring in that institution during the preceding month, on forms provided or approved by the state Registrar.(d) Not later than the tenth day of the month following the month of occurrence, each funeral director shall send to the section of vital statistics a list showing all dead bodies embalmed or otherwise prepared for final disposition, or dead bodies finally disposed of, by the funeral director during the preceding month, on forms provided or approved by the state Registrar.
WV Code § 16-5-32 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-32. Matching of Birth and Death Certificates

To protect the integrity of vital records and to prevent the fraudulent use of certificates of birth of deceased persons, the state Registrar is authorized to match certificates of birth and death, in accordance with legislative rule which requires that the fact of death and the matching identities be determined with reasonable certainty and to post the fact of death to the appropriate birth certificate. Copies issued from certificates of birth marked deceased shall be similarly marked.
WV Code § 16-5-33 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-33. Limitation on Use of Social Security Numbers

(a) A social security number obtained in the filing of a certificate of live birth, an application for a delayed registration of birth, a judicial order establishing a record of birth, an order of adoption, an affidavit of paternity or a judicial order establishing paternity, or any other record may not be transmitted to the clerk of the county commission.(b) No social security number may appear upon the public record of the index of births or upon any certificate of birth registration issued by the state Registrar, local registrar, county clerk or any other issuing authority.(c) The State Registrar may make social security numbers available to the Bureau for Child Support Enforcement upon its request, to be used solely in connection with the enforcement of child support orders.(d) The section of vital statistics may utilize social security numbers in accordance with legislative rules of the department, as allowed by or to meet the requirements of federal regulations.
WV Code § 16-5-34 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-34. Uniform System of Registration of Marriage, Divorce and Annulment of Marriage

(a) To encourage an efficient and uniform system of registration of marriage, divorce and annulment of marriage may be established in this state, the state Registrar shall provide for the registration of each marriage, divorce and annulment of marriage which occurs in this state.(b) The commissioner may, subject to legislative rule:(1) Install a statewide system of registering, indexing, and preserving records of marriage, divorce and annulment of marriage;(2) Give instructions, and prescribe and furnish forms, for collecting, transcribing, compiling and preserving records and statistics of marriage, divorce and annulment of marriage; and(3) Make and publish a statistical report of marriage, divorce and annulment of marriage in this state.
WV Code § 16-5-35 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-35. Registration of Marriages

(a) On or before the tenth day of each month, the county clerk of each county shall forward to the state Registrar a report of all marriage records made by him or her during the previous month, on a form prescribed or furnished by the state Registrar.(b) The State Registrar shall preserve and index all records received under the provisions of this section and shall upon request issue a certified copy of the records, which shall be prima facie evidence of the facts stated in the certified copies in all courts in this state.
WV Code § 16-5-36 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-36. Registration of Divorces and Annulments of Marriages

(a) On and after July 1, 2006, a record of each divorce or annulment ordered by any court of competent jurisdiction in this state shall be filed by the clerk of the court with the section of vital statistics, and shall be registered if it has been completed and filed in accordance with this section. The record shall be prepared by the petitioner or his or her legal representative in the form prescribed or furnished by the state Registrar and shall be presented to the clerk of the court with the petition.(b) The clerk of the court shall complete and certify each record. On or before the tenth day of each calendar month, the clerk shall forward to the section of vital statistics the records of each divorce or annulment order entered during the preceding calendar month.(c) Failure of the clerk of the court to comply with the provisions of this section does not affect the validity of any order of divorce or annulment of marriage.(d) The State Registrar shall preserve and index all records received under provisions of this section and shall upon request issue certified copies of the records, which shall be prima facie evidence of the facts stated in the certified copies in all courts in this state.
WV Code § 16-5-37 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-37. Applicability to Previously Received Certificates and Reports

The provisions of this article apply to all certificates of birth, death, marriage and divorce or annulment, reports of fetal death and induced terminations of pregnancy previously received by the section of vital statistics and in the custody of the state Registrar or any other custodian of vital records.