If a person who has executed a consent to or relinquishment for adoption is under eighteen years of age at the time of the filing of the petition, and such infant parent is a resident of the state, the consent or relinquishment shall be specifically reviewed and approved by the court and a guardian ad litem may be appointed to represent the interests of the infant parent. The guardian ad litem shall conduct a discreet inquiry regarding the consent or relinquishment given, and may inquire of any person having knowledge of the consent or relinquishment. If the guardian ad litem finds reasonable cause to believe that the consent or relinquishment was obtained by fraud or duress, the court may request the infant parent to appear before the court or at a deposition, so that inquiry may be made regarding the circumstances surrounding the execution of the consent or relinquishment. The failure of the court to appoint a guardian ad litem is not grounds for setting aside a decree of adoption.
Structure West Virginia Code
Chapter 48. Domestic Relations
§48-22-101. Applicability of Definitions
§48-22-102. Abandonment Defined
§48-22-103. Adoptive Parents, Adoptive Mother or Adoptive Father Defined
§48-22-105. Birth Father Defined
§48-22-106. Birth Mother Defined
§48-22-107. Birth Parents Defined
§48-22-109. Determined Father Defined
§48-22-110. Legal Father Defined
§48-22-111. Marital Child Defined
§48-22-112. Nonmarital Child Defined
§48-22-113. Outsider Father Defined
§48-22-114. Putative Father Defined
§48-22-115. Relinquishment Defined
§48-22-116. Stepparent Adoption Defined
§48-22-117. Unknown Father Defined
§48-22-201. Persons Who May Petition for Decree of Adoption
§48-22-301. Persons Whose Consent or Relinquishment Is Required; Exceptions
§48-22-302. Timing and Execution of Consent or Relinquishment
§48-22-303. Content of Consent or Relinquishment
§48-22-304. Consent or Relinquishment by Infants
§48-22-305. Revocation of Consent or Relinquishment for Adoption
§48-22-306. Conduct Presumptively Constituting Abandonment
§48-22-401. Delivery of Child for Adoption; Written Recital of Circumstances
§48-22-501. Filing of Petition for Adoption
§48-22-502. Petition and Appendix
§48-22-601. Who Shall Receive Notice
§48-22-602. How Notice Is to Be Served
§48-22-603. Notice to an Unknown Father
§48-22-704. Finality of Order; Challenges to Order of Adoption
§48-22-801. Adoption of Adults
§48-22-802. Contracts Limiting or Restraining Adoptions
§48-22-901. Recognition of Foreign Adoption Decree
§48-22-902. Filing of Petition for Recognition of Foreign Adoption Decree
§48-22-903. Proceedings for Recognition of Foreign Adoption Decree