W. Va. Code R. § 64-32-20

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-32-20 - Use of Names on Records

20.1. Birth Registration Generally.

20.1.a. Unless otherwise provided by W. Va. Code or rules, birth certificates shall be filed by the State Registrar with the name of the registrant provided by the parents to the person or entity required to file the birth certificate unless:

20.1.a.1. The mother was an unemancipated minor, in which case the registrant's surname may only be filed in the legal surname of the mother until paternity is established unless specifically allowed otherwise, in writing or by an approved electronic process, by the unemancipated minor's mother's parents or legal guardian or at the order of a court of competent jurisdiction; or

20.1.a.2. It is known the registrant will be placed for adoption in which case the certificate of birth shall be filed with the registrant's surname as either the legal surname or the maiden surname of the mother, as she directs; or

20.1.a.3. A court order from a court of competent jurisdiction exists that orders another name be registered; or

20.1.a.4. The name provided contains commonly recognized profanity or is otherwise demeaning, in which case the State Registrar shall only register the birth in the requested name by order of a court of competent jurisdiction.

20.2. Only one generational identifier may be used after the surname. Generational identifiers may not take the form of commonly conferred academic honorifics such as, but not limited to MD, JD, DO, Esq., BA, BS, MA, MS, or PhD, or other designations not commonly used as generational identifiers.

W. Va. Code R. § 64-32-20