In In re Dawson, 232 Mich. App. 690; 591 N.W.2d 433 (1998), the mother told the father she planned to have an abortion, later told him he was not the child's father, and then did not inform him the child was born. Id. at 692, 695. The Court held that "because 39, as written, does not account for such a situation, we must conclude in the instant case that the father did not satisfy subsection 39(2)." Id. at 696. Accordingly, the Court held the father's rights were properly determined under subsection 39(1). Id. at 695.