STATE OF WEST VIRGINIA

DEPARTMENT OF HEALTH AND HUMAN RESOURCES

Bureau for Public Health
Bill J. Crouch Health Statistics Center Ayne Amjad, MD, MPH
Cabinet Secretary Commissioner & State Health Officer

INSTRUCTIONAL MEMORANDUM REGARDING AMENDMENT OF SEX

DESIGNATION ON BIRTH CERTIFICATES

April 29, 2022

Purpose: The purpose of this memorandum is to provide clarification on the

amendment of sex designation on birth certificates.

When a registrant wishes to change the sex designation on their birth certificate,
an amendment may be made with one of the following processes:

1. In the event of a clerical error on the part of a submission by a hospital / physician

at the time of birth, amendment may be made with sufficient information that
documents a clerical error on the part of the attendant / physician / hospital that
initially completed the certificate of birth. For an infant, documentation must be
from the attendant / physician / hospital that submitted the certificate of birth. For
an adult, the documentation from a hospital or an attendant may not be available.
In such instances, evidence of correct sex may be documented using a marriage
certificate of the registrant, a birth certificate for the registrant’s child, or their family
physician’s written statement that the registrant is and has always been the sex
other than the one listed on the birth record.

2. Registrant (in the case the registrant is a minor, their parent(s) or legal guardian(s))
may request the change utilizing the appropriate affidavit form (an Affidavit to
Correct Birth Certificate or Affidavit to Correct Minor’s Birth Certificate), along with
the Sex Designation Form. A name change may also be requested in conjunction
with this request. A court order must be supplied only for the name change portion
of the request.

3. Registrant (in the case the registrant is a minor, their parent(s) or legal guardian(s))
may request the change utilizing the appropriate affidavit form (an Affidavit to
Correct Birth Certificate or Affidavit to Correct Minor’s Birth Certificate), along with
a court order from a court of competent jurisdiction certified by the clerk of the
court. (If a name change is being requested, it can be included in this same
request and same or separate court order.)

In any case, an order form requesting the number of certified copies to be

purchased needs to be included, along with payment of any applicable fees.

350 Capitol Street, Room 165 • Charleston, West Virginia 25301 • 304-558-9100 • 304-558-1787 (fax) • dhhr.wv.gov
 Once the requested change has been approved, a new certificate shall be
prepared pursuant to CSR 64-32-12.8.2. The new certificate shall be labeled “Amended”
and a notation will be added to the bottom of the certificate listing the item number
amended and the date of the amendment. Only the corrected information will be provided
on the new certificate. This new certificate will be placed on file to be used to issue
certified copies. The old certificate shall be maintained but will not be used to issue
certified copies.