Friday, September 24, 2010
By MARIA SUDEKUM FISHER
The Associated Press
The Missouri Supreme Court agreed this week to review the case of a woman from Guatemala who said she never consented to her son's adoption while she was in jail for immigration violations.
The boy, now nearly 4, was adopted in 2008 after his biological mother, Encarnacion M. Bail Romero, was caught up in an immigration sweep at a Barry County poultry plant. Romero, who has served her sentence, has been seeking custody.
An appellate court overturned a lower-court decision that gave custody to adoptive parents Seth and Melinda Moser of Carthage, Mo.
The appeals panel said the lower court lacked authority to grant the adoption and cited state laws that were intended "to prohibit the indiscriminate transfer of children, meaning that someone could not pass a child around like chattel."
At the time of Romero's arrest, her son was being cared for by her family members. After her arrest, those relatives sought help from a Carthage couple, according to the appeals decision.
That couple took care of the baby during the week and returned him to his aunt on the weekend.
In September 2007, the Carthage couple heard the Mosers were looking to adopt. After a 10-day visitation period, the child went to live with the Mosers in October 2007, according to the appeals decision.
Read more: http://www.kansascity.com/2010/09/23/2246107/missouri-high-court-to-consider.html#ixzz10VHRZlUm