West Virginia Code § 48-22-110

Legal father defined
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"Legal father" means, before adoption, the male person having the legal relationship of
parent to a child: (1) Who is married to its mother at the time of conception; or (2) who is
married to its mother at the time of birth of the child; or (3) who is the biological father of
the child and who marries the mother before an adoption of the child.

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