(1) if the parent who was not the subject of the petition executed a consent or relinquishment contingent upon termination of the other parent's relationship of parent and child, the court shall set aside the consent or relinquishment and make an order determining the temporary physical custody of the child pursuant to sections 2-408 and 2-409 of this title; or

(2) if the parent's consent or relinquishment was not contingent, shall terminate the adoption proceeding and grant legal and physical custody of the minor to the parent who was the subject of the petition, unless the court finds by clear and convincing evidence that the prospective adoptive parent has been the primary care provider of the child for such a period of time that the harm to the child occasioned by a change in custody would likely be greater than the harm occasioned by not being parented by the parent who was the subject of the petition. In making this determination, it shall be a rebuttable presumption that it is in the best interests of the minor to be parented by the parent. Under such circumstances and notwithstanding any other provision of law, the court may make a visitation order as provided in section 4-112 of this title.