Establishing Paternity in West Virginia

The mother and the man may sign a notarized affidavit of paternity, filed with the State Registrar of vital statistics, which legally establishes the man as the father for all purposes, including child support. To rescind, a parent files a verified complaint with the circuit clerk in the county where the child lives; if filed more than 60 days after signing (or after an administrative or court proceeding about the child), it must allege fraud, duress or material mistake of fact. Paternity can also be established in a court paternity proceeding, and the Bureau for Child Support Enforcement may order genetic testing before a case is filed on a supported sworn request.