(a) The State Registrar may register a delayed certificate of birth in accordance with a legislative rule to be promulgated by the department, which rule will provide for qualifications for applicants and the evidentiary documentation required. The rule may provide for the dismissal of an application which is not actively pursued.
(b) When a certificate of birth of a person born in West Virginia has not been filed within one year, a delayed certificate of birth may be filed in accordance with the legislative rule.
(c) A certificate of birth registered one year or more after the date of birth shall be registered on a delayed certificate of birth form. The delayed certificate of birth will show on its face the date of registration and will contain a summary statement of the evidentiary documentation submitted in support of the delayed registration.
(d) A delayed certificate of birth may not be registered for a deceased person.
(e) If the evidentiary documentation required is not filed with the application for a delayed registration of birth 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 birth and shall advise the applicant of his or her right to seek an order from a court of competent jurisdiction.
(f) In addition to the required documentation and other data furnished in an application for a delayed registration of birth in accordance with the provisions of this section, a person whose name is to appear on the certificate of birth as a parent shall contemporaneously furnish with the application the social security number or numbers issued to the parent.
Structure West Virginia Code
§16-5-2. Establishment of Section of Vital Statistics in Bureau for Public Health
§16-5-3. Department of Health and Human Resources to Propose Legislative Rules
§16-5-4. Appointment of State Registrar of Vital Statistics
§16-5-5. Powers and Duties of State Registrar
§16-5-6. Registration Districts
§16-5-7. Appointment and Removal of Local Registrars and Deputy Local Registrars
§16-5-8. Duties of Local Registrars and Deputy Local Registrars
§16-5-9. Content of Certificates and Reports
§16-5-9a. Legal Residences to Be Included on Certificates of Death
§16-5-10. Birth Registration Acknowledgment and Rescission of Paternity
§16-5-11. Registration of Infants and Minors Born With Specified Birth Defects
§16-5-12. Notation on Birth Records of Missing Children
§16-5-13. Registration of Infants of Unknown Parentage
§16-5-14. Delayed Registration of Births
§16-5-15. Judicial Procedure to Establish Facts of Birth
§16-5-16. Certificate of Adoption
§16-5-17. Court Reports of Determination of Paternity
§16-5-20. Delayed Registration of Death
§16-5-21. Reports of Fetal Death
§16-5-21a. Noah's Law; Certificate of Birth for a Stillbirth; and Contents of Certificate
§16-5-22. Reports of Abortions
§16-5-23. Authorization for Disposition and Disinterment and Reinterment Permits
§16-5-24. Extension of Time for Filing Certificates, Reports and Authorizations
§16-5-25. Correction and Amendment of Vital Records
§16-5-26. Reproduction and Preservation of Records
§16-5-27. Disclosure of Information From Vital Records or Vital Reports
§16-5-28. Copies From the System of Vital Statistics
§16-5-29. Fees for Copies and Searches
§16-5-30. Persons Required to Keep Records
§16-5-31. Duty to Furnish Information Relative to Vital Events
§16-5-32. Matching of Birth and Death Certificates
§16-5-33. Limitation on Use of Social Security Numbers
§16-5-34. Uniform System of Registration of Marriage, Divorce and Annulment of Marriage
§16-5-35. Registration of Marriages
§16-5-36. Registration of Divorces and Annulments of Marriages
§16-5-37. Applicability to Previously Received Certificates and Reports