West Virginia

ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes.

Ramona Fox

Acting Supervisor of Registration

304-356-4138

ramona.j.fox@wv.gov

Birth Certificates

Timing - Varies by county, but the typical time frame is 10 business days.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can likely later be revised to remove the name of the GC.

statutes / case law

Gestational Surrogacy is permitted by statute,W.VA Code §61-2-14h(e)(3).

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No.

Venue

Kanawha County, where the Bureau of Vital Statistics is located or county of the child's birthplace.

Do results vary by venue?  Yes.

Are motions to waive venue accepted?  No.

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Yes, if the Intended Parents are married..

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.