CHARLESTON, WV (LOOTPRESS) — A newly introduced bill in the West Virginia House of Delegates would make sweeping changes to how sex is recorded on birth certificates and state-issued identification documents.
House Bill 4171, introduced during the 2026 Regular Session, would require that a child’s sex on an original West Virginia birth certificate be listed strictly as male or female, explicitly banning the use of the term “non-binary.” The bill also states that the sex listed at birth cannot be changed later, even if an individual undergoes sex change surgery
Under the proposal, the sex designation would be permanently tied to biological sex at birth on original birth records maintained by the state’s Vital Statistics office.
The bill also targets driver’s licenses, identification cards, and instruction permits. While it does allow for changes to the sex marker on those documents, it sets a high bar: applicants would need to provide medical documentation proving they have undergone gender reassignment surgery, along with a court order declaring the change in gender designation.
Without both requirements, the Division of Motor Vehicles would be prohibited from issuing identification showing a sex different from what appears on the individual’s birth certificate.
Supporters of the bill say it clarifies existing law and ensures consistency across state records. Critics argue it could restrict access to accurate identification for transgender and non-binary residents and may invite legal challenges.
House Bill 4171 has been referred to the House Committees on Health and Human Resources and Judiciary, where it will receive further review before any vote is taken.
