(a) The parents of the child, or the survivor of them, shall, except as otherwise provided in this chapter, consent in writing to such adoption. If neither parent is living, the guardian of the child, or, if there is no guardian, the next of kin in the Virgin Islands may give such consent, or, if there is no next of kin, the judge of the court may appoint a suitable person to act in the proceedings as guardian ad litem of the child, and to give or withhold such consent.
(b) If either parent is insane or imprisoned in a penitentiary under sentence for a term not less than two years, or has willfully deserted and neglected to provide proper care and maintenance for the child for one year next preceding the time of filing the petition, or is an unfit person to have the care and custody of the child, the court may proceed as if such parent was dead, and, in its discretion, may appoint some suitable person to act in the proceeding as guardian ad litem of the child and give or withhold the consent required by subsection (a) of this section. In all cases, however, notice to the parent not laboring under such disabilities of insanity or imprisonment mentioned in this subsection, shall be required.