Filing a Delayed Birth Certificate

What is a Delayed Certificate of Birth?

If a birth isn't registered with Vital Registration within the one year, then a normal certificate may not be filed for that birth.  Instead a special type of birth certificate is placed on file.  This type of certificate not only shows the facts of birth for the child but also shows the types of evidence presented to Vital Registration to back up the facts of birth.   The facts of birth are

• The Full Name of the Person at the Time of Birth
• Date of birth
• Place of Birth (City and State)
• Mother's Full Maiden Name
• Mother's Place of Birth (at least State or country)
• Full Name of the Father
• Father's Place of Birth (at least State or country)

Note About the Name: If the name of the person on the birth certificate was established by adoption, legitimation, paternity acknowledgment or court action, the the delayed certificate will show that name (provided that the proper documentation is submitted.).
Note about Fathers:  If the mother was not married to the father at the time of the birth, or during the ten months before the birth.  In this case the father can only be added if paternity as been determined by legitimation, adoption, or an acknowledgment of paternity (provided that the proper documentation is provided.)

Who Needs to File for a Certificate of Delayed Birth?

Anyone whose birth certificate is not on file in West Virginia AND

• The person was born in West Virginia AND
• The person has no birth certificate on file in the county of birth AND
• The person needs (or wishes) for a birth certificate to be on file for him or her at Vital Registration

Typically, if a child was born in a hospital, there is a birth certificate on file for them at Vital Registration. For births in the last 30 years, it is extremely rare for births not to be registered at Vital Registration.

How do I File for a Certificate of Delayed Birth

Please Note:  The delayed birth certificate form (VS-007) that is provided by Vital Registration will become the legal birth certificate that is placed on file.  It is made out of special paper that will last much longer than ordinary paper, so only use the forms provided by Vital Registration.  The following is a brief overview of the process.  For full instructions, please see the instructions in the delayed pack.
When filling out the form...

• Only use the form provided by Vital Registration
• Please be as NEAT as possible when filling out this form.
• Either type or neatly print the information, DO NOT WRITE IN CURSIVE or script.
• Do not Erase, scribble or cross out any words on the form.
• Make sure to sign the form in front of a Notary (the form must be notarized for us to file it).
• Do not print, write or type any information in the section titled "Abstract of Supporting Evidence"
• All supporting documents must be verifiable by our office.

• For Children Seven Years of Age and Younger
  

  The top part of the form must be completed and signed by one of the registrant's parents or legal guardians (guardians must provide proof of guardianship) and signed by one of the registrant's parents.  The registrant is the person whose birth the delayed certificate is registering.  Return the delayed certificate form with at least two (2) supporting documents, from independent sources showing the child's name, place and date of birth.  Only one of them must show the parent's name (including mother's maiden name) and their birthplaces.  

• For Children Over Seven Years of Age to Fifteen Years of Age The requirements are the same as for younger children, except the delayed certificate form must be returned with at least three (3) supporting documents, from independent sources showing the child's name, place and date of birth.  Only one of them must show the parent's name (including mother's maiden name) and their birthplaces.  Only one of the three sources may be the affidavit of personal knowledge.
• For People Over Fifteen Years of Age

  Complete the top part of the form and it must be signed by by registrant.  The registrant is the person whose birth the delayed certificate is registering.  Return the delayed certificate form with at least three (3) supporting documents, from independent sources showing the child's name, place and date of birth.  Only one of them must show the parent's name (including mother's maiden name) and their birthplaces.  Only one of the three sources may be the affidavit of personal knowledge.