How to Establish Paternity in West Virginia
Reviewed by DocDraft Legal Team · West Virginia · Last updated 2026-09-12
In West Virginia, establishing paternity means legally identifying a child's father under West Virginia Code Chapter 48, Article 24 so the child gains rights to support, inheritance, health coverage, and benefits and the father gains standing to seek custody and visitation. Unmarried parents who agree can establish paternity without court by signing a Declaration of Paternity Affidavit, often at the hospital, which once filed with the Vital Registration Office has the same legal weight as a court order. When parents do not agree, the Bureau for Child Support Enforcement can establish paternity administratively or a court can decide it, in either case after genetic testing. Two West Virginia rules are load-bearing. A proceeding to establish paternity must generally be brought before the child's eighteenth birthday (W. Va. Code 48-24-102), a firmer deadline than the open-ended rule in some states. And genetic testing has a defined threshold: undisputed blood or tissue tests showing a statistical probability of paternity of more than 98 percent legally establish the man as the father for all purposes, while results excluding him are clear and convincing evidence of nonpaternity (W. Va. Code 48-24-103). Attorney review of your situation is available through DocDraft.
Find out where you stand in West Virginia
Where are you in establishing paternity?
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How long do I have to establish paternity in West Virginia?
A proceeding to establish paternity must generally be brought before the child's eighteenth birthday under W. Va. Code 48-24-102. A limited exception allows a child to bring an action in his or her own right in certain circumstances even after that point.
What genetic-testing result establishes paternity in West Virginia?
Under W. Va. Code 48-24-103, undisputed blood or tissue tests showing a statistical probability of paternity of more than 98 percent legally establish the man as the father for all purposes. Results below 98 percent are weighed with other evidence, and results excluding him are clear and convincing evidence of nonpaternity.
What is the marital presumption of paternity in West Virginia?
West Virginia recognizes that a child born during a marriage is presumed to be the husband's child. That presumption is rebutted by genetic testing; blood or tissue results excluding the husband are treated as clear and convincing evidence of nonpaternity under W. Va. Code 48-24-103.
Can the Bureau for Child Support Enforcement establish paternity in West Virginia?
Yes. The Bureau for Child Support Enforcement can order genetic testing and establish paternity through an administrative process that can be faster and less costly than court. It also provides the Declaration of Paternity Affidavit for parents who acknowledge paternity voluntarily.
West Virginia paternity law at a glance
West Virginia sets a firmer deadline than many states: a proceeding to establish paternity must generally be brought before the child's eighteenth birthday (W. Va. Code 48-24-102). Genetic testing also has a defined banding. Under W. Va. Code 48-24-103, undisputed blood or tissue tests showing a statistical probability of paternity of more than 98 percent legally establish the man as the father for all purposes; results below 98 percent are admissible but weighed with other evidence; and results excluding a man are clear and convincing evidence of nonpaternity. A party who wants to challenge test results must file a written protest within 30 days. Unmarried parents who agree can establish paternity by signing a Declaration of Paternity Affidavit, filed with the Vital Registration Office, which carries the weight of a court order. The Bureau for Child Support Enforcement can order testing and establish paternity administratively.
Establishing West Virginia paternity for a child of unmarried parents
Suppose a child is born in West Virginia to unmarried parents who agree on the father. At the hospital both sign a Declaration of Paternity Affidavit, later notarized and filed with the Vital Registration Office, which gives it the weight of a court order. If one parent has doubts, a signer can rescind within 60 days, the federal window; after that a challenge is limited to fraud, duress, or a material mistake of fact. Had the parents disputed paternity, either could ask the Bureau for Child Support Enforcement to establish it administratively or file in the family court before the child's eighteenth birthday (W. Va. Code 48-24-102), where undisputed genetic tests showing more than a 98 percent probability legally establish the father for all purposes (W. Va. Code 48-24-103). A party wanting to challenge those results must file a written protest within 30 days. Attorney review is available through DocDraft.
Relevant Laws
W. Va. Code 48-24-102 (statute of limitations)
Provides that, except for a proceeding brought by a child in his or her own right, a proceeding to establish the paternity of a child shall be brought before the child's eighteenth birthday.
W. Va. Code 48-24-103 (genetic testing and probability threshold)
Provides that undisputed blood or tissue test results showing a statistical probability of paternity of more than 98 percent legally establish the man as the father for all purposes, that results below 98 percent are weighed with other evidence, that results excluding a man are clear and convincing evidence of nonpaternity, and that a challenge to results must be filed within 30 days.
W. Va. Code 48-24-101 (persons entitled to bring a paternity action)
Sets out who may petition to establish paternity, including the mother, the alleged father, the child, and the Bureau for Child Support Enforcement, and defines the scope of the article.
West Virginia Bureau for Child Support Enforcement
The Bureau for Child Support Enforcement provides the Declaration of Paternity Affidavit, can order genetic testing, can establish paternity administratively, and establishes and enforces child support once paternity is established.
Regional Variances
West Virginia paternity rules at a glance
Voluntary path and form
Unmarried parents establish paternity by signing a Declaration of Paternity Affidavit, filed with the Vital Registration Office, which holds the same legal weight as a court order once completed and notarized.
Rescission window
A signer may rescind within 60 days, the federal window. After that, the declaration can be challenged only for fraud, duress, or a material mistake of fact.
Deadline to establish
A proceeding to establish paternity must generally be brought before the child's eighteenth birthday (W. Va. Code 48-24-102), with a narrow exception for an action brought by the child in his or her own right.
Genetic-testing threshold
Undisputed tests showing more than a 98 percent probability legally establish the father for all purposes; results below 98 percent are weighed with other evidence; exclusion is clear and convincing evidence of nonpaternity (W. Va. Code 48-24-103).
Challenging test results
A party who wants to challenge blood or tissue test results must file a written protest with the family court or the Bureau for Child Support Enforcement within 30 days of the results being filed.
Who administers it
The Bureau for Child Support Enforcement provides the affidavit, can order testing, and can establish paternity administratively; contested cases are decided by the family court.
Suggested Compliance Checklist
Confirm the child's age and whether the mother was married
Before signing or filing anything days after startingA paternity proceeding must generally be brought before the child's eighteenth birthday (W. Va. Code 48-24-102). If the child was born during a marriage, the husband is presumed the father, a presumption rebutted by genetic testing, so confirm both points first.
Get genetic testing if paternity is uncertain
Before signing a declaration days after startingIf there is doubt, obtain genetic testing through the Bureau for Child Support Enforcement or the court. Under W. Va. Code 48-24-103, undisputed results of more than 98 percent legally establish the father for all purposes; exclusion is clear and convincing evidence of nonpaternity.
Sign and file the Declaration of Paternity Affidavit
At the hospital or through the BCSE days after startingUnmarried parents who agree sign the Declaration of Paternity Affidavit, have it notarized, and file it with the Vital Registration Office, which gives it the weight of a court order. Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the 60-day rescission window
Within 60 days of signing days after startingIf you need to cancel a signed declaration, rescind within 60 days of signing, the federal window. After 60 days, the declaration can be challenged only for fraud, duress, or a material mistake of fact.
File before the child's 18th birthday if paternity is disputed
Before the child turns 18 days after startingIf parents do not agree, ask the Bureau for Child Support Enforcement to establish paternity administratively or file in the family court before the child's eighteenth birthday (W. Va. Code 48-24-102). The court or bureau can order genetic testing.
Watch the 30-day window to protest test results
Within 30 days of results being filed days after startingIf you disagree with blood or tissue test results, file a written protest with the family court or the Bureau for Child Support Enforcement within 30 days of the results being filed and, if needed, request additional testing (W. Va. Code 48-24-103). Keep all records.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the child's age and whether the mother was married | A paternity proceeding must generally be brought before the child's eighteenth birthday (W. Va. Code 48-24-102). If the child was born during a marriage, the husband is presumed the father, a presumption rebutted by genetic testing, so confirm both points first. | - | Before signing or filing anything |
| Get genetic testing if paternity is uncertain | If there is doubt, obtain genetic testing through the Bureau for Child Support Enforcement or the court. Under W. Va. Code 48-24-103, undisputed results of more than 98 percent legally establish the father for all purposes; exclusion is clear and convincing evidence of nonpaternity. | - | Before signing a declaration |
| Sign and file the Declaration of Paternity Affidavit | Unmarried parents who agree sign the Declaration of Paternity Affidavit, have it notarized, and file it with the Vital Registration Office, which gives it the weight of a court order. Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or through the BCSE |
| Track the 60-day rescission window | If you need to cancel a signed declaration, rescind within 60 days of signing, the federal window. After 60 days, the declaration can be challenged only for fraud, duress, or a material mistake of fact. | - | Within 60 days of signing |
| File before the child's 18th birthday if paternity is disputed | If parents do not agree, ask the Bureau for Child Support Enforcement to establish paternity administratively or file in the family court before the child's eighteenth birthday (W. Va. Code 48-24-102). The court or bureau can order genetic testing. | - | Before the child turns 18 |
| Watch the 30-day window to protest test results | If you disagree with blood or tissue test results, file a written protest with the family court or the Bureau for Child Support Enforcement within 30 days of the results being filed and, if needed, request additional testing (W. Va. Code 48-24-103). Keep all records. | - | Within 30 days of results being filed |
Frequently Asked Questions
Establishing paternity in West Virginia means legally identifying a child's father under Chapter 48, Article 24 so the child gains support, inheritance, health coverage, and benefits and the father can seek custody and visitation. It can be done by a Declaration of Paternity Affidavit, by the Bureau for Child Support Enforcement, or by a court (W. Va. Code 48-24-103).
Unmarried parents who agree sign a Declaration of Paternity Affidavit and file it with the Vital Registration Office, which gives it the weight of a court order. If parents disagree, the Bureau for Child Support Enforcement can establish it administratively, or the family court decides it after genetic testing (W. Va. Code 48-24-103).
It is a form unmarried parents sign to acknowledge the man as the child's legal father without going to court. Often available at the hospital at birth, it holds the same legal weight as a court order once it is completed, notarized, and filed with the Vital Registration Office.
Yes. A proceeding to establish paternity must generally be brought before the child's eighteenth birthday under W. Va. Code 48-24-102. A narrow exception lets a child bring an action in his or her own right in certain circumstances. There is also a 60-day window to rescind a signed declaration.
Yes, within a limited window. A signer may rescind a Declaration of Paternity Affidavit within 60 days of signing, the federal rescission window. After 60 days, the declaration can be challenged only on the grounds of fraud, duress, or a material mistake of fact.
Under W. Va. Code 48-24-103, a party who wants to challenge blood or tissue test results must file a written protest with the family court or the Bureau for Child Support Enforcement within 30 days of the results being filed, and may request additional testing at that party's expense.
Under W. Va. Code 48-24-103, undisputed genetic tests showing more than a 98 percent probability of paternity legally establish the man as the father for all purposes and carry the weight of a court finding. A party who disagrees with the results may file a written protest within 30 days and request additional testing.
The Bureau for Child Support Enforcement provides the Declaration of Paternity Affidavit, can order genetic testing, and can establish paternity administratively. Declarations are filed with the Vital Registration Office, and contested cases are decided by the family court, which can order genetic testing.
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