West Virginia 2022 Regular Session

West Virginia House Bill HB2489

Introduced
1/12/22  

Caption

The Genealogical Record Integrity Act of 2020

Impact

The enactment of HB 2489 would directly modify state laws related to birth registration. It empowers fathers by ensuring that their paternal rights are maintained when it comes to naming their children. Additionally, the bill allows for alternative surnaming under specific circumstances, such as abandonment, risk to the mother's safety, or mutual agreement between parents. Importantly, guidelines for establishing and terminating paternity acknowledgments would also be outlined, creating a clearer process for legal recognition of fathers.

Summary

House Bill 2489, titled the Genealogical Record Integrity Act of 2020, seeks to amend West Virginia's vital statistics laws, specifically concerning the naming convention for children at birth. The bill codifies the long-standing common law tradition that a child's surname should follow the father's surname, thereby recognizing fathers' rights to have their surname represented in their children's official records. This legislation is aimed at preserving customary naming practices and the integrity of genealogical records within the state.

Sentiment

The sentiment surrounding HB 2489 is mixed, with some viewing it as a necessary step to recognize paternal rights and uphold family integrity in naming conventions. Proponents argue that the bill supports fathers' involvement in their children's lives by validating their anatomical and social ties. However, critics may express concerns about the implications for single mothers, particularly regarding parental rights and the potential for conflict over naming in contentious relationships.

Contention

Notable points of contention arise from the bill's provisions regarding when a mother may unilaterally decide on a child's surname without the father's consent. This includes stipulations to protect against domestic abuse and outlines the threshold for petitioning for name changes. The debate centers on balancing father’s rights with the autonomy and safety considerations of mothers, suggesting the bill may evoke discussions on parental rights and responsibilities in the context of modern family dynamics.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2615

The Genealogical Record Integrity Act of 2023

WV HB4484

The Genealogical Record Integrity Act of 2023

WV SB1100

Vital records; limiting biological sex designation on certificate of birth to male or female; prohibiting nonbinary designation. Emergency.

WV SB422

Changing several references and modifying language in parentage and birth records.

WV HB0212

Vital Records Amendments

WV HB2943

To unseal adoption records after 21 years of age for adoptees for a one time fee of $30 and issuance of an original birth certificate for the common birth certificate fee.

WV HB2998

Non-binary not permitted on birth certificates

WV HB4233

Non-binary not permitted on birth certificates

WV HB2962

Gender identification on forms of ID

WV HB1688

Vital records; vital statistics; definition; corrections; birth certificates; death certificates; fetal death certificates; effective date; emergency.

Similar Bills

WV HB2615

The Genealogical Record Integrity Act of 2023

WV HB4484

The Genealogical Record Integrity Act of 2023

WV HB2998

Non-binary not permitted on birth certificates

WV HB4233

Non-binary not permitted on birth certificates

WV HB2962

Gender identification on forms of ID

WV HB3193

Relating to obtaining an appropriate gender marker for state documents

AZ HB2197

Wills; electronic signatures; requirements

CA SB179

Gender identity: female, male, or nonbinary.