West Virginia court outlines new paternity acknowledgment procedures

On February 25, 2025, the West Virginia State Legislature introduced House Bill 2962, a significant piece of legislation aimed at reforming paternity acknowledgment and birth certificate processes in the state. The bill seeks to address issues surrounding the establishment of paternity, the accuracy of birth records, and the rights of parents in these matters.

Key provisions of House Bill 2962 include a requirement for family court judges to hold hearings within 60 days of serving a complaint regarding paternity. If a complaint is filed within 60 days of an affidavit of paternity being executed, the court is mandated to rescind the acknowledgment without needing to prove fraud or duress. Conversely, if the complaint is filed after this period, the court can only set aside the acknowledgment if clear and convincing evidence of fraud or duress is presented.

The bill also stipulates that any changes to a birth certificate resulting from these proceedings must be communicated to the state Registrar, ensuring that the certificate remains unmarked as "Amended." Furthermore, it establishes that the father's name and the child's surname must be included on the birth certificate if paternity is determined by a court. Notably, the bill prohibits the use of the term "non-binary" on birth certificates, mandating that a child's sex at birth be listed strictly as male or female.

Debate surrounding House Bill 2962 has been intense, with proponents arguing that it provides clarity and protection for parents and children in paternity cases. Critics, however, have raised concerns about the implications of restricting gender identification on birth certificates and the potential for discrimination against non-binary individuals.

The economic and social implications of this bill are significant. By streamlining the paternity acknowledgment process, it could reduce legal disputes and foster a more efficient family court system. However, the restrictions on gender identification may lead to broader societal debates about inclusivity and the recognition of diverse identities.

As House Bill 2962 progresses through the legislative process, its outcomes could reshape family law in West Virginia, impacting how paternity is established and how birth certificates reflect parental rights and identities. The bill's future remains uncertain as lawmakers continue to weigh its potential benefits against the concerns raised by various stakeholders.