(a) If the state Registrar refuses to file a certificate of birth under the provisions of section ten or section fourteen of this article, a petition signed and sworn to by the petitioner may be filed in the circuit court of the county in which the petitioner resides or in the circuit court of Kanawha County for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
Terms Used In West Virginia Code 16-5-15
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Registration: means the process by which vital records are completed, filed and incorporated into the official records of the section of vital statistics. See West Virginia Code 16-5-1
- state: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Testify: Answer questions in court.
- Vital statistics: means the data derived from certificates and reports of birth, death, fetal death, marriage, divorce, annulment and related records and reports. See West Virginia Code 16-5-1
(b) The petition may be made on a form prescribed and furnished or approved by the state Registrar, and must allege:
(1) That the person for whom a certificate of birth is sought was born in this state;
(2) That no certificate of birth can be found in the section of vital statistics or the office of any local custodian of certificates of birth;
(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with section ten or section fourteen of this article and of any rules promulgated pursuant to this article;
(4) That the state Registrar has refused to register a certificate of birth; and
(5) Such other allegations as may be required.
(c) The petition must be accompanied by a copy of the statement of the state Registrar made in accordance with section ten or section fourteen of this article and by copies of all evidentiary documentation which was submitted to the state Registrar in support of the registration.
(d) The court shall fix a time and place for hearing the petition and shall give the state Registrar not less than twenty days' notice of the hearing. The State Registrar, or his or her authorized representative, may appear and testify in the proceeding.
(e) If the court finds from the evidence presented that the person for whom a certificate of birth is sought was born in this state, it shall make findings as to the place and date of birth, parentage, and other findings as may be required and shall issue an order, on a form prescribed and furnished or approved by the state Registrar, to establish a record of birth. This order shall include the birth data to be registered, a description of the evidence presented, and the date of the court's action.
(f) The clerk of the court shall forward each order establishing a record of birth to the state Registrar not later than the tenth day of the calendar month following the month in which it was entered. The State Registrar shall register the order, which shall constitute the court order certificate of birth.
(g) Any order is final unless reversed, vacated or modified on appeal, and any appeal must be sought in the manner and within the time provided by law for appeals in other civil cases.
(h) In addition to the evidence presented to establish a court order certificate of birth in accordance with the provisions of this section, a person whose name is to appear on the court order certificate of birth 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 order establishing a court order certificate of birth.