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West Virginia birth certificates

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  • Page changed: W. Va. Code 16-5-29, Fees for copies and searches (2026-10-12) · #301
  • Page changed: W. Va. Code 16-5-25, Correction and amendment of vital records (2026-10-12) · #300
  • Page changed: W. Va. Code 5-32-8 (SB 456, 2025), Promoting accuracy in sex-based data collection (2026-09-28) · #101
  • Page changed: W. Va. Code 16-5-29, Fees for copies and searches (2026-09-28) · #88
  • Page changed: W. Va. Code 16-5-25, Correction and amendment of vital records (2026-09-28) · #87
Update your name
YesAfter your legal name change
Gender markerThe sex or gender field (M, F, or X) printed on an ID document or stored in an agency's record.
YesM or F with a letter from a doctor

If you were born in West Virginia, you can change the sex on your birth certificate to M or F by sending the Vital Registration Office a Sex Designation Form signed by your physician plus an affidavit. No court order or surgery is required. A 2025 law defining sex as sex at birth has not been applied to this process as far as we can confirm, but call ahead.

Main cost
$10
Apply
By mail or in person

Draft from official sources, September 24, 2026. Not yet checked by a person. How we verify

This applies only if you were born here. Birth certificates follow your birth state, not where you live now. Choose your birth state

In court: Hersom v. West Virginia Department of Health and Human Resources, No. 2:21-cv-450

The case is closed. The settlement is why you can use a physician form today.[8][9]

About this case

ACLU challenge to the requirement of a court order (impossible to get after a 2020 WV Supreme Court ruling) and to strike-through amendments. Settled October 2022; the state adopted the physician form and stopped showing old information on amended certificates.

U.S. District Court for the Southern District of West Virginia. Last update 2022-10-26. Case page

On this page
  1. How it works
  2. Steps
  3. Costs and fee waivers
  4. Forms
  5. Requirements
  6. After you finish
  7. Tips
  8. Laws and other guides
  9. Sources

How it works

This guide is only for people born in West Virginia. If you were born in another state, that state's rules apply; see its birth certificate guide.

Since a 2022 lawsuit settlement (Hersom v. West Virginia DHHR), you no longer need a court order. You send the Vital Registration Office:

  • the Sex Designation Form, signed by you and completed by your physician;
  • the notarized Affidavit to Correct West Virginia Birth Certificate (adults) or Affidavit of Minor (under 18);
  • for a name change, a certified copy of your court order;
  • a certificate request application and the fees ($10 amendment plus $12 per certified copy).

The state amends your existing certificate rather than issuing a brand-new one. It is marked as amended. Since the settlement, the old name and sex should no longer be visible on the face of the certificate; Fairness WV's guide recommends writing "PLEASE REMOVE STRIKETHROUGHS" on both affidavits to make sure.

What to watch: SB 456 (2025) defines "sex" throughout state law as sex "observed or clinically verified at birth" and tells agencies that collect vital statistics to use that definition. The Health Statistics Center still posts the Sex Designation Form as of September 2026, but call 304-558-2931 before you mail anything.

Steps

  1. Have your physician complete the Sex Designation Form[2]

    Fill out your section and sign, then have your physician complete and sign theirs.

  2. Complete and notarize the affidavit[1][3]

    Use the adult affidavit (or the minor affidavit for someone under 18). List every change on the "Should Read" lines and sign in front of a notary.

  3. Add a certified court order for a name change[5][10]

    If you are also changing your name, include a certified copy of the court order. State law requires the registrar to amend the name when it receives one.

  4. Send the package with the fees[1][4]

    Include the certificate request application, a copy of your ID, a check or money order for $10 plus $12 for each copy, and mail it or bring it in person.

    Cost
    $10 amendment fee; $12 certified copy (each)

Costs and fee waivers

WhatCostNotes
Amendment fee[1]$10Check or money order payable to Vital Registration.
Certified copy (each)[4][6]$12Includes a non-refundable search fee. Online vendors add their own charges.

More detail

Forms4 forms: HSC-SEX-DESIGNATION, HSC-AFF-ADULT, HSC-AFF-MINOR, HSC-CERT-REQUEST

Open a form for tips on filling it out.

Forms everyone files (1)

HSC-CERT-REQUESTApplication for a certified copy of a birth certificateRequired

Include it so you receive a certified copy of the amended certificate.

Open HSC-CERT-REQUEST[2][4]

Forms only some people need (3)

HSC-SEX-DESIGNATIONSex Designation Form (Procedure for Changing the Sex Listed on Your Birth Certificate)Sometimes required: Required to change the sex marker.

How to fill it out

  • Your part: name (last, first, middle), date of birth, county of birth, address; check male or female; sign and date.
  • Physician's part: your physician states that in their professional opinion your sex designation should be male or female, and signs under penalty of perjury.
  • The form says you do not have to change other IDs first, and staff may not ask for more gender-related or medical information.

Open HSC-SEX-DESIGNATION[2]

HSC-AFF-ADULTAffidavit to Correct West Virginia Birth CertificateSometimes required: For people 18 and older. Must be signed in front of a notary.

How to fill it out

List the items to change on the "Should Read" lines (for example "Sex: should read Female" and "Name: should read ..."). Consider writing "PLEASE REMOVE STRIKETHROUGHS" at the top.

Open HSC-AFF-ADULT[1][10]

HSC-AFF-MINORAffidavit of Minor (to correct a child's birth certificate)Sometimes required: For people under 18, signed by a parent.

Open HSC-AFF-MINOR[1]

RequirementsWhere you live, age
Where you live
You must have been born in West Virginia. Where you live now does not matter.[1][2][7]
Age
Adults use the adult affidavit. For someone under 18, a parent signs the Affidavit of Minor; the physician form still applies.
After you finishUse your amended birth certificate to update your passport and, if needed, your WV license.

Use your amended birth certificate to update your passport and, if needed, your WV license. Keep one certified copy in a safe place.

Tips1 tip from people who have done this
  • If a staff member says you need a court order for a sex change, mention the 2022 Hersom settlement and contact the ACLU of West Virginia.
Laws and other guides3 laws, 2 other guides

Laws and rules

Other trusted guides

Sources

10 sources. Numbers in the text, like [1], point here.Show all
  1. Correct or Amend a CertificateWest Virginia Health Statistics Center, Vital Registration, Official page. accessed
    “To change the sex designation on your birth certificate, please have your physician fill out the Sex Designation Form and also provide the appropriate affidavit found above. ... Amendments require a fee of $10.00.”
  2. Sex Designation FormWest Virginia Health Statistics Center, Form. accessed
    “The applicant is not required to have changed their sex or gender designation on other forms of identification.”
  3. Affidavit to Correct West Virginia Birth CertificateWest Virginia Vital Registration Office, Form. accessed
  4. Certificate RequestsWest Virginia Health Statistics Center, Vital Registration, Official page. accessed
    “The cost of a certificate is $12 per copy. The fee includes a non-refundable search fee.”
  5. W. Va. Code 16-5-25, Correction and amendment of vital recordsWest Virginia Legislature, Law. accessed
    “Upon receipt of a certified copy of a court order ... changing the name of a person born in this state ... the state Registrar shall amend the certificate of birth to reflect the new name.”
  6. W. Va. Code 16-5-29, Fees for copies and searchesWest Virginia Legislature, Law. accessed
  7. W. Va. Code 5-32-8 (SB 456, 2025), Promoting accuracy in sex-based data collectionWest Virginia Legislature, Law. accessed
    “Any ... state agency ... that directly collects vital statistics related to sex ... shall identify each natural person who is part of the collected data set as either male or female as defined in this article.”
  8. Hersom et al. v. West Virginia Division of Health and Human Resources et al.ACLU of West Virginia, Organization. accessed
    “We reached a settlement agreement in October 2022 ... and allowed West Virginians to amend their gender markers on their birth certificates without a court order.”
  9. ACLU Settles Lawsuit After West Virginia Officials Reveal New Process for Amending Names and Gender Markers on Birth CertificatesACLU of West Virginia, Organization. accessed
  10. Name & Gender Change Guide for West Virginia Residents (PDF updated November 2, 2023)Fairness West Virginia and Legal Aid of West Virginia, Organization. accessed
    “if you wish to completely remove your old information from your birth certificate, you should write "PLEASE REMOVE STRIKETHROUGHS" on both affidavits”