Wednesday, January 26, 2011

Missouri court rules immigrant's adoption rights terminated illegally

Missouri court rules immigrant's adoption rights terminated illegally - CNN.com

The Missouri Supreme Court on Tuesday overturned a lower court ruling that terminated the parental rights of a Guatemalan woman whose son, the woman says, was adopted without her consent while she was imprisoned following an immigration sting in 2007.

The court ruled that the state violated its laws in terminating the parental rights of Encarnacion Bail Romero, but the supreme court sent the case back to the lower court for retrial rather than return the boy to his biological mother.

"The trial court plainly erred by entering judgment on the adoption petition and terminating Mother's parental rights without complying with the investigation and reporting requirements ... ," Judge Patricia Breckenridge wrote in the court's principle opinion.

"The trial court's judgment terminating Mother's parental rights, allowing the adoption to proceed without Mother's consent to the adoption, and granting of the adoption, although supported by clear, cogent, and convincing evidence on the record, is reversed. The cause is remanded for a new trial in which Adoptive Parents and Mother will have the opportunity to present evidence on all claims in all counts of the petition that pertain to Mother."

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