West Virginia Code § 48-22-109

Determined father defined
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"Determined father" means, before adoption, a person: (1) In whom paternity has been
established pursuant to the provisions of article 24-101, et seq., and section 16-5-12,
whether by adjudication or acknowledgment as set forth therein; or (2) who has been
otherwise judicially determined to be the biological father of the child entitled to parental
rights; or (3) who has asserted his paternity of the child in an action commeenced pursuant to
the provisions of article 24-101, et seq., that is pending at the time of the filing of the
adoption petition. r

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