§48-22-601. Who shall receive notice.
(a) Unless notice has been waived, notice of a proceeding for adoption of a child must be served, within twenty days after a petition for adoption is filed, upon:
(1) Any person whose consent to the adoption is required pursuant to the provisions of section 22-301, but notice need not be served upon a person whose parental relationship to the child or whose status as a guardian has been terminated;
(2) Any person whom the petitioner knows is claiming to be the father of the child and whose paternity of the child has been established pursuant to the provisions of 24-101, et seq.;
(3) Any person other than the petitioner who has legal or physical custody of the child or who has visitation rights with the child under an existing court order issued by a court in this or another state;
(4) The spouse of the petitioner if the spouse has not joined in the petition; and
(5) A grandparent of the child if the grandparent's child is a deceased parent of the child and, before death, the deceased parent had not executed a consent or relinquishment or the deceased parent's parental relationship to the child had not been otherwise terminated.
(b) The court shall require notice of a proceeding for adoption to be served upon any person the court finds, at any time during the proceeding, is:
(1) A person described in subsection (a) of this section who has not been given notice;
(2) A person who has revoked consent or relinquishment pursuant to the provisions of section 22-305; or
(3) A person who, on the basis of a previous relationship with the child, a parent, an alleged parent or the petitioner, can provide relevant information that the court, in its discretion, wants to hear.
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