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Latino Daily News

Friday January 28, 2011

Fate of 4-year-old Adopted by US Family Without Birthmothers Consent still Uncertain

Fate of 4-year-old Adopted by US Family Without Birthmothers Consent still Uncertain

Photo: Encarnacion Bail Romero

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The Missouri Supreme Court reversed a lower courts decision this week, placing the custody of a 4-year-old boy into questions for more months to come. The 4-year-old boy was born to an undocumented Guatemalan woman and later adopted by an American couple without the birthmothers consent.

The state Supreme Court’s decision was that the Missouri courts did not have the right to terminate the parental rights of Encarnacion Bail Romero, who was imprisoned after a 2007 immigration sting at a poultry processing plant at the time.

The young boy was not ordered to be returned to his biological mother though as the case is being sent back to a lower court to be tried again.

The legal fight will proceed for who has the right to the custody of this young boy. The American family says they followed all the laws and did everything “by the book” when they adopted the two year old.

Encarnacion Bail Romero says she never gave up custody of her son while she was in jail for violating US immigration laws. Her son had been left in the custody of her brother and sister-in-law who eventually put their nephew up for adoption.

Although the courts latest action was a victory for the rights of the birthmother , there are clearly no winners in this case.