Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-32-3 - Birth Registration for Out-of-Institution Birth Documentary Evidence3.1. When a birth occurs in this State outside of a hospital or institution, and the birth certificate is filed before the first birthday, the State Registrar may require additional evidence in support of the facts of birth.3.2. The State Registrar shall complete and file a certificate of birth upon presentation of the following evidence by the individual responsible for filing the certificate: 3.2.a. Evidence of pregnancy, such as, but not limited to: 3.2.a.1. A prenatal record;3.2.a.2. A statement from a physician or other health care provider qualified to determine pregnancy;3.2.a.3. A home visit by a public health nurse or other health care provider; or3.2.a.4. Other evidence acceptable to the State Registrar;3.2.b. Evidence that the infant was born alive, such as, but not limited to: 3.2.b.1. A statement from the physician or other health care provider who saw or examined the infant;3.2.b.2. An observation of the infant during a home visit by a public health nurse; or3.2.b.3. Other evidence acceptable to the State Registrar;3.2.c. Evidence of the mother's presence in West Virginia on the date of the birth, such as, but not limited to:3.2.c.1. If the birth occurred in the mother's residence; 3.2.c.1.A. A driver's license, or a government-issued identification card, which includes the mother's current residence on the face of the license or card;3.2.c.1.B. A rent receipt that includes the mother's name and address;3.2.c.1.C. Any type of utility, telephone, or other bill that includes the mother's name and address; or3.2.c.1.D. Other evidence acceptable to the State Registrar; or3.2.c.2. If the birth occurred outside of the mother's place of residence, and the mother is a resident of West Virginia, the evidence shall consist of: 3.2.c.2.A. A notarized affidavit from the tenant of the premises where the birth occurred, that the mother was present at those premises at the time of the birth;3.2.c.2.B. Evidence of the affiant's residence similar to that required in subsection 3.2. of this section;3.2.c.2.C. Evidence of the mother's residence in the State similar to that required in subsection 3.2. of this section; or3.2.c.2.D. Other evidence acceptable to the State Registrar; and3.2.c.3. If the mother is not a resident of West Virginia, the evidence shall consist of clear and convincing evidence acceptable to the State Registrar.