West Virginia Birth Records

Are Birth Records Public in West Virginia

No, birth records are not public in West Virginia until after 100 years of birth. In fact, all vital records maintained by the West Virginia Vital Registration Office are confidential for a specified period. For instance, marriage and death records are typically closed to the public until after 50 years. Hence, only an authorized few are permitted to obtain copies of West Virginia birth certificates during the confidentiality period. These authorized few are the person on the certificate, spouse, parents, children, grandchildren, grandparents, siblings, and legal representatives. However, birth records will become West Virginia public birth records when the 100 years of confidentiality elapse.

The West Virginia Vital Registration Office is an official government organization that gathers data from vital records (birth, death, marriage, and divorce records) to create vital statistics to identify and quantify health-related issues in the state. For instance, the vital statistics report in West Virginia revealed that over 20,700 children were born in 2011. Record seekers can get more information on birth, marriage, divorce, and death records on the West Virginia Department of Health & Human Resource's official website. Also, contact the circuit clerk in the county where the divorce occured for more information on how to obtain divorce records in West Virginia.

What are Birth Records in West Virginia?

West Virginia birth records are the official documentation of births registered in the State of West Virginia birth registry. Each birth record contains vital information related to that specific birth such as medical information and parentage information of the person named on the record. A birth record is proof of identity, age status, and citizenship. Without a birth record, an individual cannot legally claim citizenship of West Virginia or the United States.

The Vital Registration Office, initially known as the Division of Vital Statistics, was created as a Division of the West Virginia Department of Health & Human Resources (DHHR) in 1917. This official government organization was tasked with maintaining records of births that occurred in the state. Prior to 1917, county clerks in the state were the sole custodians of birth records in their respective counties. Birth records kept before 1917 by the county clerks do not contain as much information as currently contained in recent birth records.

A birth record is essential for an individual to enroll in school gain employment, obtain a social security number, driver's license, insurance, passport, and many government benefits. Without a birth record, an individual's basic rights may be trampled upon.

A West Virginia birth record contains:

• Date of birth
• Time of birth
• Place of birth
• Child's full name
• Mother's name
• Father's name
• Child's gender
• Type of birth
• Mother's marital status
• Birth registration number

The DHHR also maintains records of other vital events like marriage, death, and divorce. For instance, a record seeker can obtain copies of a death certificate online (through a third-party online vendor), by mail, or in person by reviewing the DHHR official website. In addition, West Virginia marriage certificates are available on the DHHR's official website.

Where to Find Public Birth Records in West Virginia

Since all birth records are registered at the West Virginia birth registry, eligible record seekers like the record holder, spouse, parents, children, grandchildren, grandparents, siblings, and legal representatives can access them. They can find West Virginia public birth records online, by mail, or in person at the State Vital Registration Office. Requesters can choose to go to the Office during business hours to request birth records without a prior appointment. This is because the Office offers walk-in services. Alternatively, record seekers can find West Virginia public birth records online at the State Division of Culture and History's Archives and History Library. This official government organization also provides online access to marriage and death records. Note that record seekers cannot find divorce records on the online tool the West Virginia Division of Culture and History's Archives and History Library provides.

How to Find and Request Birth Records Online in West Virginia?

West Virginia birth records are only open to qualified persons. The state does not allow members of the public to look up birth records online. However, through the West Virginia Department of Health & Human Resources partnership with a third-party online vendor, requesters can obtain certified birth records online upon paying the appropriate fees and providing proof of identification. Payment for online orders can be made with credit or debit cards. Visa, MasterCard, American Express, and Discover Cards are all accepted.

Considered open to citizens of the United States, public records are available through both traditional, government sources, and through third-party websites and organizations. In many cases, third-party websites make the search easier as they are not limited geographically or by technological limitations. They are considered a good place to start when looking for a specific record or multiple records. In order to gain access to these records, interested parties must typically provide:

• The name of the person listed in the record. Juveniles are typically exempt from this search method.
• The last known or assumed location of the person listed in the record. This includes cities, counties, and states.

While third-party sites offer such services, they are not government-sponsored entities, and record availability may vary on these sites when compared to government sources.

How to Get Birth Records in West Virginia?

West Virginia birth records can be obtained by mail or in person. These records are available to eligible persons upon payment of proper fees, providing the required information, and submitting proper identification. A state-issued driver's license, United States or foreign passports, military ID, or photo-ID cards from a government-issued sponsored program are all accepted forms of identification. In none of these can be provided, the Office of Vital Statistics accepts any two from the following forms of identification:

• Major credit card
• Motor vehicle registration card
• State social services program card
• A recent utility bill in the name of the person who is requesting the certificate

Exceptions are sometimes granted on a case-by-case basis for requesters who cannot provide any of the listed forms of identification. For further inquiries about obtaining exemptions from providing identification, contact the Office of Vital Statistics at (304) 558-293.

The request information required to complete a West Virginia birth certificate application include:

• The name of the person on the record as it appears on the record
• The date of birth
• The mother's full maiden name and the father's full name
• The city and county of birth
• Sex of the person named on the record
• The place of birth (city, county, state, and hospital)
• Requestor's relationship to the person named on the record

How to Get West Virginia Birth Records in Person?

To obtain a West Virginia birth record in person, visit the Office of Vital Statistics at:

Vital Registration
Room 165
350 Capitol Street
Charleston, WV 25301-3701

Requesters must go along with acceptable identification and the appropriate fees to obtain a certified copy of a birth certificate. Requestors who opt to get birth records in person enjoy expedited service. They do not need to schedule an appointment before going to the Vital Registration Office because walk-in services are available.

How to Get West Virginia Birth Records by Mail?

To obtain a West Virginia birth record by mail:

• Complete the Application for Certified Copy of West Virginia Birth Certificate
• Include a check or money order for the appropriate fee. Make checks payable to "Vital Registration".
• Include an acceptable form of identification

Mail the complete West Virginia birth certificate application, identification, and proper fees to:

Vital Registration
Room 165
350 Capitol Street
Charleston, WV 25301-3701

Where Can I Find Birth Records in West Virginia?

The West Virginia Vital Registration Office is the state-level custodian of birth certificates for persons whose birth occurred in the state from 1917 to date. The Vital Registration Office issues certified copies of West Virginia birth certificates to requesters. Several West Virginia counties, including Ohio and Jefferson Counties, also maintain records of births that occurred in their counties. Certified copies of birth records can also be obtained from the county clerk offices in such counties.

How to Get Birth Records From a Hospital in West Virginia?

West Virginia hospitals do not issue certified copies of birth certificates. However, upon the delivery of a child in the hospital, a certificate of live birth is issued, which is later taken to the Office of Vital Statistics. A certified birth record can only then be obtained from the Office of Vital Statistics.

Can Anyone Get a Copy of a Birth Certificate in West Virginia?

West Virginia birth records are confidential and can only be obtained by specific persons. These include:

• The person named on the certificate if they are 18 years or older or are emancipated by court order or marriage
• The mother and father as listed on the certificate or current stepparent of the person named on the certificate
• Mother-in-law and father-in-law of the person named on the certificate
• Son-in-law and daughter-in-law of the person named on the certificate
• The spouse of the person named on the certificate
• The children, grandchildren, great-grandchildren, etc., of the person named on the certificate (including half and step relationships)
• Grandparents and great-grandparents of the person named on the certificate
• The brothers or sisters of the person named on the certificate (including half and step relationships)
• Legal guardian (will be required to present a copy of guardianship papers)
• Anyone who has a legal interest in the certificate, like legal representatives or an authorized government agency

Per Section 16-5-38 of the West Virginia Code, willfully and knowingly obtaining a birth certificate under false pretenses is considered a felony. Upon conviction, any individual who runs afoul of this statute is liable to pay a fine of up to $10,000 or imprisoned in a state correctional facility for up to five years, or both.

Public access is only restricted to birth records less than 100 years. Birth records older than 100 years may be publicly accessed. West Virginia birth certificate application can be conducted online, by mail, or in person at the State Vital Registration Office. Contact the office for accurate information on other vital events like marriage, divorce, and death in the state.

How Much Does a Birth Certificate Cost in West Virginia?

A West Virginia birth certificate costs $12. This is inclusive of a non-refundable search fee. If the record requested is not found, the $12 fee also covers a search for the year before and the year after the specified year. Additional searches may be paid for at a rate of $12 per three-year period. Additional copies of requested birth records also cost $12 each. If no record is found a "No Record" letter will be mailed to the requester informing them that no record is on file for the requested certificate. Checks and money orders can be used to pay for mail orders, while cash is also accepted for walk-in requests. Credit or debit cards are not accepted for in-person and mail orders. Requesters can avail themselves of the ATM and West Virginia United Federal Credit Union next to the Office of Vital Statistics.

For online orders, expedited requests (RUSH) costs $35.50 per order. A non-RUSH order costs $30.50. In addition to these fees, requesters must also pay shipping fees which vary depending on the shipping options chosen. Payment for online requests can be made by credit or debit cards.

How Long Does It Take to Get a Birth Certificate in West Virginia?

An in-person order is typically the fastest way to obtain a West Virginia birth certificate. In-person requests are completed within 15 minutes at the State Office of Vital Statistics. 11:30 a.m. to 1:00 p.m. is a busy period for the office. Hence, requests made during this period may take a bit longer to complete.

Mail requests usually take much longer than walk-in orders. The period to complete a mail request depends on the processing time and the transit time. Processing time is the time it takes the State Office of Vital Statistics to enter an order into their computer system, make and mail the certificate to the requester. Transit time is the time it takes the Post Office to deliver the mail to the requester. Processing time takes 5 business days but may change depending on order volume and staffing. Transit time for mail requests also varies depending on the destination of the location. For mails within West Virginia, transit time takes 1-2 days to arrive. However, requesters may allow for 5-7 days for the Post Office to deliver. In total, it may take as short as 5 business days to 19 business days or longer for mail requests to complete.

Online orders may take between 2-10 days to arrive depending on the shipping options chosen when placing the orders. For recent births, the hospital may take up to a month to get the birth certificate to the Office of Vital Statistics. Thereafter, it may take the Office of Vital Statistics about a week to carry out all the steps required to place the certificate on file.

How to Get a New Birth Certificate in West Virginia

Per WV Code §16-5-18, the West Virginia Vital Registration Office issues new birth certificates in the event of adoption, legitimization, court determination of paternity, and paternity acknowledgment. For instance, here is how to get a new birth certificate:

• Adoption: A new birth certificate is usually issued by the Vital Registration Office after an adoption process is completed. This is because the original birth certificate is usually sealed after adoption. Eligible individuals can then request the birth certificate online, by mail, or in person at the Office.
• Paternity acknowledgment: The Vital Registration Office can add or remove a father from a birth certificate under the following situations:
  • The mother is unmarried and has been so for at least ten months prior to birth: A notarized Declaration of Paternity Affidavit form signed by both the father and mother may be filed with the Vital Registration Office to add the father. Call the Office to get the form.
  • The mother is currently or previously married to someone who is not the biological father: If the mother is currently married or was married during the time the child was ten months, she would have to file a notarized Declaration of Paternity Affidavit carrying the signature of both the mother and the father and one of the three supporting documentation listed below to add the father to the birth certificate:
    • Divorce decree
    • DNA testing: This is only valid within one year from the child's birth.
    • Affidavit of nonpaternity: This is only valid within one year from the child's birth. The Affidavit of Nonpaternity form must be notarized and signed by both the mother and her husband or ex-husband.
• Legitimization: This is when the mother and biological father of the child gets married after the child’s birth. To execute legitimization, the couples would have to submit the following to the Vital Registration Office:
  • A certified copy of the West Virginia marriage certificate (if the marriage did not occur in West Virginia).
  • A notarized paternity affidavit signed by both parents or a notarized letter stating that the husband is the child’s father
• Court determination of paternity: The vital Registration office will issue a new birth certificate if a court order instructs them to list a particular person as the child's father.

Can You Find West Virginia Birth Certificates Online?

Yes. the West Virginia Vital Registration Office partners with a third-party online vendor to provide expedited service to record seekers interested in finding certified birth certificates online. Making an online order via this independent company costs between $30.50 and $35.50, depending if it is a rush or non-rush order. Alternatively, record seekers can find uncertified copies of West Virginia birth certificates via the online tool the State Division of Culture and History's Archives and History Library provides.

How to Expunge Your Birth Records in West Virginia?

Expunging a record refers to permanently deleting a file and its contents. West Virginia courts may expunge criminal records following pardons and overturned convictions. However, they do not order the expungement of birth records.

How to Seal Your Birth Records in West Virginia?

A West Virginia birth certificate is sealed upon the adoption of the person named on the record. Hence, the adoptive parents do not need to submit a petition for adoption records. Per Section 48 4A 1 et. seq of the West Virginia Code, all proceedings and documents relating to adoption that occurred in the state are sealed by the court that ordered the adoption. These supporting documents include the original birth certificate also known as the pre-adoption birth certificate. The state registrar is authorized to issue an amended birth certificate upon the finalization of adoption proceedings to reflect the new name of the adoptee (if changed) and the adopting parents as the legal parents. Sealed West Virginia adoption records can only be unsealed by a court order.

How to Unseal Your Birth Records in West Virginia?

Adult adoptees in West Virginia do not have unrestrained rights to their original birth certificates. Access to original birth records is only granted at the order of a court of competent jurisdiction in the county in which the adoption occurred. A good cause for obtaining an original birth certificate is typically required at the court before a judge can grant an order to release a pre-adoption birth certificate. A medical circumstance requiring an adoptee to contact the birth family is often considered a good cause to obtain a pre-adoption certificate. The court may also grant an order to release an original birth certificate if the adoptee has already reunited with the birth parents and they have given consent for the release of the requested record.

To file a petition, contact the county clerk where the adoption occurred to obtain a petition form. Completed forms are required to be filed with the County Court. An interview with the judge may be required after reviewing the petition. When a court order is given, an adult adoptee can then file it at the Vital Registration Office to obtain copies of West Virginia adoption records and original birth certificates.

Who Signs Birth and Death Certificates in West Virginia?

All vital events in West Virginia must be registered and signed by relevant authorities in the state. Failure to register, sign, and certify the West Virginia marriage, death, divorce, and birth certificates may lead to severe penalties.

Per WV Code §16-5-10, the birth certificates of children born in transit to or in an institution are usually signed by the person in charge or their authorized designee. However, birth certificates of children born outside institutions are typically signed by one of the following persons in order of priority:

• The physician in attendance at or available immediately after the child is born
• Any other person in attendance at or available immediately after the child is born
• Any of the parents of the child
• The person in charge of the place where the child was born if any of the parents are unable to sign the document
• Any other person qualified by the West Virginia Department of Health & Human Resources

Per WV Code §16-5-19, a death certificate in West Virginia is signed by the physician, physician assistant, or advanced practice registered nurse in charge of the patient’s care prior to death. If these persons are absent, the death certificate will be signed by the following persons:

• Associate physician
• Any physician who was responsible for any medical coverage of the deceased
• The chief medical officer of the facility in which the death occurred
• The physician who conducted an autopsy on the deceased

When a death certificate is created in West Virginia, it becomes registered in the State Vital Registration Office. Subsequently, a record seeker can obtain copies of the death certificate online, by mail, or in person at the Office. Record seekers enjoy expedited service when they order death certificates in person while getting a death certificate online might take about two to ten days. Note that walk-in services are also available.

What is a West Virginia Birth Index?

A West Virginia birth index is a database containing records of all registered births before 1917. Record seekers would have to provide the first or last name of the birth registrant to conduct a search using the West Virginia birth index. In addition, the county and year of birth should be provided for an advanced search. The search results will reveal all records that match the name, year, or county searched. Birth records available on the West Virginia birth index are open to the public for free.