WVC 48 - 22 - 109
§48-22-109. Determined father defined.
"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 commenced pursuant to the
provisions of article 24-101, et seq., that is pending at the time
of the filing of the adoption petition.