How long?

03 Feb

This case has been dragging on for years, literally, like so many other adoption cases.  It makes me sick.  There is no excuse for not expediting the process and calling an end to it.  I don’t have any answers but I do know that dragging something out literally years is wrong.  I knew I had talked about this case before and found this post from last year Only in the world of adoption.

When this case first hit the news I was appalled.  Even back then the comments about “ripping the child from the only home they have ever known” and “taken to a foreign country where they don’t know the language” just made me shake my head in amazement, when that is exactly what happens in any international adoption of a child the same age or older.  Hypocritical to say the least.

Published: April 22, 2009

CARTHAGE, Mo. — When immigration agents raided a poultry processing plant near here two years ago, they had no idea a little American boy named Carlos would be swept up in the operation.

One of the 136 illegal immigrants detained in the raid was Carlos’s mother, Encarnación Bail Romero, a Guatemalan. A year and a half after she went to jail, a county court terminated Ms. Bail’s rights to her child on grounds of abandonment. Carlos, now 2, was adopted by a local couple.

In his decree, Judge David C. Dally of Circuit Court in Jasper County said the couple made a comfortable living, had rearranged their lives and work schedules to provide Carlos a stable home, and had support from their extended family. By contrast, Judge Dally said, Ms. Bail had little to offer.

more to the article can be found at the link above…

Missouri Court Sides with Immigrant in Adoption Case

January 26, 2011

A Guatemalan immigrant who lost custody of her child after being caught-up in an immigration raid has regained parental rights.

The Missouri Supreme Court ruled Tuesday that state adoption laws were not followed in terminating the parental rights of a Guatemalan woman who was caught up in a 2007 immigration raid and allowing her son to be adopted by an American couple.

But the decision doesn’t automatically return the now 4-year-old child to his birth mother, Encarnacion Bail Romero. The court instead ordered the completion of mandatory reports about Romero, the adoptive parents and the boy, and a new trial regarding Romero’s parental rights.

Judge Patricia Breckenridge, who wrote the majority opinion for the seven-member court, said another hearing would be required because the evidence in the case suggested abandonment. In a footnote, Breckenridge expressed concern about how the case played out, and three other judges indicated they would have reversed the adoption.

“Every member of this court agrees that this case is a travesty in its egregious procedural errors, its long duration and its impact on mother, adoptive parents and, most importantly, child,” Breckenridge wrote.

more to the article can be found at the link above…

And they haven’t come to a solution yet?  What are they waiting for – the child to reach age 18?  If it takes this long to do reports and have a new trial that was ordered a year ago, then the child will be an adult by the time it is settled.

Adoption Battle Over 5-Year Old Boy Pits Missouri Couple Vs. Illegal Immigrant

February 1, 2012

A tug-of-war over a five-year-old boy is at the center of a national debate over parental rights and immigration, and a sign of what critics say is a growing trend in which immigrants are being deemed unfit parents because they crossed the border illegally.

Seth and Melinda Moser of Carthage, Missouri say the boy they call Jamison is their son, and that returning him to his birth mother after five years will cause him untold harm.

“I could not love him more, had he come out of me physically,” Melinda Moser said in an interview with a Missouri television station. “I can only imagine the trauma that he would go through in feeling like people that did love him have betrayed him, you know?”

His birth mother, Encarnacion Bail Romero, says Carlos was taken from her against her will while she was in federal custody for an immigration-related crime, and hopes to regain custody in a trial that starts later this month.

“I’m his mother, I’m the mother of Carlitos,” she told ABC News.

more to the article and a video can be found at the link above…

So since the mother has been out of jail she has not been allowed to see her son which would actually help the transition if the trial rules for her.  It would help her son if the trial rules against her.  Watch/listen to the video at the link.  At this point my question is: Who really is looking after the Best Interests of Child? 

P.s. spell check isn’t working please ignore typo’s… 


Posted by on February 3, 2012 in Adoption, adoptive parents, biological child, Ethics


Tags: , , , , ,

2 responses to “How long?

  1. veggiemom

    February 4, 2012 at 2:59 pm

    This case makes me so sad. I see women all the time who are or have been in jail without losing their children. The ease with which we can dehumanize a woman just because she is an immigrant is sickening. I hope this poor little boy is quickly returned to his mother.


    • The adopted ones

      February 4, 2012 at 9:51 pm

      Me too – I could not believe it hadn’t already been settled. I miss your blog…is it coming back?



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