In Re Adoption of Alexander M.

O'LEARY, J.

Marci S., a married woman, engaged in a brief sexual relationship with Mark L. in late December 2000, during which they conceived a child. A petition to dissolve Marci's marriage had been filed in January 1997, but she had not obtained a final judgment of dissolution. The child, named Alexander, was born in September 2000, and Marci immediately relinquished him for adoption to John and Michelle M. A few days later, Mark visited Marci, and she told him about the impending adoption.

The M.'s served Mark with a notice of alleged paternity and adoption and filed a petition for adoption. Two weeks later, they filed a petition to terminate Mark's parental rights and to determine the necessity of his consent to the adoption (the Consent Petition). Mark filed a petition to establish a parental relationship, seeking a blood test to determine whether Alexander was his child and, if so, to obtain custody or visitation (the Paternity Petition). He declared he had agreed to pay for Marci to have an abortion if she confirmed the child was his, but four months into her pregnancy, Marci had changed her mind and asked him if he would agree to adoption. Mark said he would not agree to…