This section contains the nature of the case and procedural background.

Hillary is a happy, healthy 2.5-year-old black/Hispanic child. Hillary's mother is a black woman who met Bruce and Mark after reading an advertisement for their seeking to adopt a child. Bruce and Mark are white, homosexual males. Shortly after meeting petitioners, the mother began living with them and had Hillary in 1991. A consent to adoption was signed, and Bruce filed the first petition to adopt. Bruce and the baby's natural mother reached an agreement that would allow for visitation even after the adoption was finalized. However, things did not go as planned, and the mother filed a petition to vacate her consent to the adoption. An accord was reached, and the trial court acquainted the parties with the fact that even though this accord was reached it could not be enforced in court once the final adoption decree was issued as once adopted all rights of the natural mother were destroyed. The court issued the adoption decree. In 1993, both Bruce and Mark then consented to Mark's adoption of Hillary. The court ruled that the adoption statute did not permit Mark to join in the adoption. This appeal resulted.

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