Mother May Not Get Custody of Her Child After Adoption

Although the Missouri Supreme Court ruled that state laws regarding adoption were not used in a previous case, this does not mean that child will be given back to its birth mother.

Back in 2007 a Guatemalan woman, Encarnacion Bail Romero, was discovered in an immigration raid to be illegal, prompting local government authorities to put her child up for adoption. Rather than return the 4-year-old back to his mother the court ordered a new trial for Romero's parental rights, as well as a report about the adoptive parents and the child for the court's consideration. As the composer of the majority opinion, Judge Patricia Breckenridge said that a new trial was necessary since the case showed elements of abandonment.

However, three of the judges on the panel stated that they would have voted for reversing the adoption.

They all agreed that serious procedural errors had been made by the lower court of which the impact was being felt by Romero, her son Carlos, and the adoptive parents.

Since Romero was released from prison a year ago after spending two years in for aggravated identity theft, she has been fighting to regain custody. The adoptive parents, Seth and Melinda Moser, have been fighting back to keep Carlos in their family. He will remain with the Mosers until the adoption case is revisited in the court room.

If you're pursuing adoption, such as step-parent adoption, contact our legal team to enlist the services of a Riverside family lawyer.