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During a marriage, a child was born using the Artificial Insemination Donor technique which meant that heterologous insemination was made to W by the semen of a third-party donor. H was listed as the father on the birth certificate. The couple later separated and divorced. The separation and the divorce decree declared the child to be the daughter of the couple. The wife later remarried and her new husband (H2) is petitioning to adopt the child. H has refused consent. H2 filed a motion indicating that H's consent is not needed as H is not the parent of the child.

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