When is paternity establishment necessary?
Paternity needs to be established if child is conceived or born out of wedlock or conceived or born 10 months prior to divorce or separation.
What is paternity establishment?
Paternity establishment refers to the legal determination of being named as a child's father. The paternity establishment process is available at any time before the child attains 18 years of age. Paternity can be determined even if the other parent lives in another state or even in a foreign country. Paternity can be established in the following ways:
1. The voluntary acknowledgment process refers to completion of a form known as a "Declaration of Paternity Affidavit”.
2. If a case is contested, or if there is some doubt as to the father of the child, either parent may request that the BCSE conduct genetic testing to determine the father of the child. The BCSE will then order all parties to submit to genetic testing. The genetic test must show at least 98% probability of fatherhood.
3. If paternity is established through genetic testing the BCSE will schedule a support hearing to establish a support order for the child(ren).
If either party fails to submit to the test or fails to submit the child for genetic testing, the BCSE may request the family court to find the party in contempt and determine the issue of paternity.
What is the purpose of a Declaration of Paternity Affidavit?
The Declaration of Paternity Affidavit (“Paternity Affidavit”) is a legal document that allows unmarried parents to voluntarily establish paternity for their child without going through a court.
Who completes the Declaration of Paternity Affidavit?
When a child is born to an unmarried woman, the birth mother and birth father who are not married to each other may complete a Declaration of Paternity Affidavit.
Will the father’s name appear on the birth certificate once the Paternity Affidavit is registered with Division of Vital RegistrationStatistics (DVS)?
Yes. Once the completed Declaration of Paternity Affidavit is received and accepted by the DVS, the father’s name will be added to the birth certificate.
What last name will appear on the child’s birth certificate?
The name that is decided by the parents will appear on the child’s birth certificate. If the affidavit is completed after the child's first birthday it can not be changed from the child's original last name without a court order.
Do the signatures of the mother and father need to be notarized?
Yes. The Declaration of Paternity Affidavit must be signed by both the mother and the father, and both signatures must be notarized, but the document may be signed at different times, and in front of different notaries.
Can a minor sign a Declaration of Paternity Affidavit without parental consent?
If one of the parties is an unemancipated minor, his or her parent or legal guardian must also sign the respective Declaration of Paternity Affidavit. Each individual signature must be notarized.
Will the Vital Statistics (DVS) office accept a photocopy of the Declaration of Paternity Affidavit?
No. Only an original, completed Declaration of Paternity Affidavit will be accepted and processed by the DVS.
How can the mother establish paternity if a Paternity Affidavit is not completed?
If the alleged father does not sign the Paternity Affidavit, paternity must be established through the courts. The mother can go to the local BCSE office in the county in which she resides and request paternity establishment services or consult with an attorney to be advised of her rights and possible course of action.
Can the mother take the Paternity Affidavit home to complete at a later date?
Yes. The Paternity Affidavit does not have to be completed at the time of the child’s birth. The mother and/or father can take the form home to complete at their convenience, but each individual signature must be notarized before returning the form to the DVS.
Where is the original Declaration of Paternity Affidavit sent?
The original Declaration of Paternity Affidavit should be sent to the following address:
WV Department of Health and Human Resources
Division of Vital Statistics
350 Capitol Street, Room 165
Charleston, WV 25301
What if the mother and/or father have doubts about who is the biological father?
If the mother or father has any doubts, the Declaration of Paternity Affidavit should not be completed and signed. If you are utilizing BCSE services for the purpose of establishing support and there is a concern regarding the father of the child, the BCSE will assist with establishing paternity through genetic testing.
What if the Declaration of Paternity Affidavit is missing required data elements?
If the Paternity Affidavit is missing required data elements, a new Paternity Affidavit must be completed and returned to the Vital Registration office. This will cause delays in receiving the birth certificate listing the father’s name.
What if the mother has multiple births?
A separate Declaration of Paternity Affidavit must be completed for each child.
How long do the mother and father have to establish paternity?
The mother and father can establish paternity for the child up until the child’s 18th birthday, or 21st birthday if actions are brought by the child.
If the parent(s) established paternity through the BCSE, how will the parent(s) receive a copy of the birth certificate that includes the father’s name?
The DVS is responsible for releasing all birth certificates for children born in West Virginia. The parent(s) are advised to contact the Division of Vital Statistics, 350 Capitol Street, Room 165, Charleston, WV 25301 or telephone (304) 558-2931 for additional information.
How does a father who has custody, but has not established paternity, obtain a birth certificate with his name listed?
The father must establish paternity to have his name appear on the birth certificate. If the mother and father do not complete a Declaration of Paternity Affidavit, either parent can go to the BCSE or the circuit clerk of the county in which the child resides and request paternity establishment services.
Why would a birth certificate be issued without the father’s name listed?
West Virginia law provides that the name of the father shall be included on the birth record of the child of unmarried parents only if:
- an affidavit of paternity signed before a notary by the mother and the person to be named as the father, or
- a court or competent jurisdiction has issued an adjudication of paternity.
If DVS does not receive notification that paternity was established by one of these methods, a birth certificate is issued listing the father as “unknown."
What happens if the mother and father complete a Paternity Affidavit and the father dies?
When the Paternity Affidavit is registered and certified by the DVS, the rights and duties of the child regarding the father will be recognized, and the child may be eligible for Social Security benefits, insurance benefits, inheritance or estate distribution.
