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Home » West Virginia

West Virginia

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This website provides information about acquiring medical or attorney referrals; it is not medical or legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee.


West Virginia State Laws & Guidelines

Know Your Rights

Laws regarding adoption, nondiscrimination protections, hate crimes reporting and much more vary in each Southern state. For information about the policies that affect LGBTQ people in your state, please see these resources from national LGBTQ organizations:

Human Rights Campaign’s state law maps

Lambda Legal’s state law map‍

For more information about state-issued documents in West Virginia, see the National Center for Transgender Equality’s ID Documents Center.

Protect Your Rights

Protect your rights with estate planning tools like health care power of attorney forms. Estate planning makes clear your wishes for treatment during emergencies, at the end of your life, and beyond.

For LGBT people and their families, estate planning is a tool that can be used to secure basic rights that many take for granted. If you haven’t completed these important documents, it’s important to do so as soon as possible, at any age, whether you are single or partnered.

These documents will help you protect your rights and wishes:

  • Health Care Power of Attorney
  • Durable Power of Attorney
  • Will
  • Hospitable Visitation Form

Learn more about these tools in Life Lines, a publication of the National Center for Lesbian Rights.

How to Change Your Name and Gender Marker

West Virginia law about name changes: West Virginia Code §48-25-101

What You Need:

  • Name Change Petition
  • Legal Notice of Name Change
  • Name Change Order
  • Social Security Form

Total Estimated Costs: $165.00.

For more information about state-issued documents in West Virginia, see the National Center for Transgender Equality’s ID Documents Center.

Steps:

  • Fill out the petition and get it notarized. File this petition along with $145.00 at the county clerk’s office in the county where you live.
  • You will be given a court date.
  • After filing your petition, and at least 10 days before your court date, publish a legal advertisement (see your county clerk for specific guidelines) declaring the new name that you want.  The publication area for this advertisement should be your entire county, and it needs to include a provision that your hearing may be rescheduled without further notice or publication.
  • The clerk can tell you which newspaper is best to publish in.
  • Once publishing is complete, you will receive a Public Notice Affidavit from the newspaper.
  • Appear at your court hearing and if your name change is granted you will receive a name change court order.
  • Once you have your name change order, take the order to the Social Security office and the Department of Motor Vehicles.

*Additional documents may be required:  Driver’s license or picture ID, birth certificate or current passport, copies of current bills showing current address.

Don’t Forget: Once your name change has been approved, you will need to update this with several government agencies. This includes changing your name with the Social Security Administration and the West Virginia Department of Motor Vehicles. You will need to change your name with Social Security Administration prior to changing it with the DMV. You will need to bring the copy of your name change order along with $20.00 for a corrected license.

gender change guidelines

West Virginia will change both name and sex, and will issue an amended birth certificate with the old name struck over and the new name and sex typed in the margin.

You will need an original or certified copy of the court order for your name change, and an original letter from your SRS surgeon.

Vital Registration Office
Room 165
350 Capitol Street
Charleston, WV 25301-3701

This document is intended for informational use only, and is in no way intended to constitute legal advice or the opinions of the Campaign for Southern Equality. Because the law is constantly changing, the Campaign for Southern Equality cannot guarantee that this information is accurate and up-to-date.  Procedures may vary by county.  If you have any questions, please consult a licensed attorney.


Trans in the South Guide

More than 500,000 trans folks call the South home. Trans in the South contains lists of trans-friendly service providers – from doctors to attorneys to counselors – across the South. This resource guide helps people find the services they need to survive and thrive.

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