West Virginia Code § 16-5-28

Copies from the system of vital statistics
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In accordance with §16-5-27 of this code and the legislative rules promulgated thereunder:
(a) The State Registrar and other custodians of vital records authorized to issue certified
copies shall upon receipt of an application, issue a certified copy of a vital record in his or
her custody to the registrant, his or her parents, spouse, adult children, grandchildren or
great-grandchildren, legal guardian, or their respective authorized representative.
Additionally, the State Registrar and other custodians of vital records, upon receipt of an
application, shall issue a certified copy of a vital record in his or her custody to a child
placing agency completing adoption on behalf of the departmentu. Others may be authorized
to obtain certified copies when they demonstrate that the record is needed for the
determination or protection of his or her personal or propertty right. The department may
promulgate rules to further define others who may obtain copies of vital records filed under
this article.
(b) All forms and procedures used in the issuance olf certified copies of vital records in the
state shall be approved by the State Registrars. All certified copies of certificates of birth
issued shall have security features that deter the document from being altered,
counterfeited, duplicated, or simulated without ready detection in compliance with
regulations issued by the federal gogvernment.
(c) Each copy or abstract issued shall show the date of registration, and copies or abstracts
issued from records marked "Amended" shall be similarly marked and, when possible, show
the effective date of the amendment. Copies issued from records marked "Delayed" shall be
similarly marked and shall include the date of registration and a description of the evidence
used to establish the delayed certificate. Any copy issued of a "Certificate of Foreign Birth"
shall indicate the foreign birth and show the actual place of birth and the statement that the
certificate is not proof of United States citizenship for the person for whom it is issued.
(d) WA certified copy of a vital record issued in accordance with this section shall be
considered for all purposes the same as the original, and shall be prima facie evidence of the
facts stated in the record: Provided, That the evidentiary value of a certificate or record filed
more than one year after the event, or a record which has been amended, or a certificate of
foreign birth, shall be determined by the judicial or administrative body or official before
whom the certificate is offered as evidence.
(e) Nothing in this section shall be construed to permit disclosure of information contained
in the "Information for Medical and Health Use Only" section of the certificate of birth or the
"Information for Statistical Purposes Only" section of the certificate of marriage or
certificate of divorce or annulment unless specifically authorized by the State Registrar for
statistical or research purposes. This information is not subject to subpoena or court order
and is not admissible before any court, tribunal, or judicial body. Information collected for
administrative use may not be included on certified copies of records, and may be disclosed
only for administrative, statistical, or research purposes authorized by state or federal law
and legislative rule.
(f) When the State Registrar receives information that a certificate may have been registered
through fraud or misrepresentation, he or she may withhold issuance of any copy of that
certificate.
(1) The State Registrar shall inform the registrant or the registrant's authorized
representative of the right to request a hearing by the commissioner.
(2) The secretary of the department may authorize the State Registrar or another person to
hold an investigation or hearing to determine if fraud or misrepruesentation has occurred.
(3) If upon conclusion of a hearing or investigation no fraud or misrepresentation is found,
copies may be issued.
(4) If fraud or misrepresentation is found by a preponderance of the evidence, the State
Registrar shall remove the certificate from the file.l The certificate and evidence will be
retained but will not be subject to inspection or copying except upon order of a court of
competent jurisdiction or by the State Registrar for purposes of prosecution or
administration of the system of vital statistiics.
(g) No person may prepare or issue any certificate which purports to be an original, certified
copy, or copy of a vital record, except as authorized by this article, or by legislative rule.

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