put up for adoption for melinda and seth moser. after a judge ruled his mother had abandoned him. >> i could not love him more, had he come out of me, physically. >> reporter: but now, the adoption is being challenged. next month, the mosers will face the prospect in court of losing their 5-year-old son, who they say knows only one mommy and daddy. >> tried to do everything that we can to raise our boy as our son. and he's our son. >> reporter: it is a sad story. but not just for the mosers. this is jamison's biological brother, encarnacion bail romero, a native of guatemala, who says she wants her son back. a son she named carlitos. >> translator: i'm the mother of carlitos. i need him to be with me soon. >> reporter: it was 4 1/2 years since her son, carlos, was taken away from her. put up for adoption, against her will, she says. >> translator: i never gave my consent for the boy to be adopted. i couldn't give the adoption, even though i was going to be deported back to my country, i wanted to go back with my son to guatemala. >

. >> reporter: he was born as carlos, but is now called jamieson, adopted by melinda and seth moser ofarthage, missouri, after a judge there ruled he would be better off with the mosers than with his birth mother, an illegal immigrant. >> i could not love him more had he come out of me physically. >> reporter: but now, the adoption is being challenged by the birth mother, encarnacion bial romero, a native of guatemala, who told abc news her son was put up for adoption against her will. >> translator: i am really sad. it's really hard. >> reporter: it all started on the day five years ago. she was arrested in a federal immigration raid at this missouri poultry plant. and she ended up helpless in federal custody. translator: nobody could help me because i don't speak english. >> reporter: the case highlights the growing problem of what in effect, says her lawyer, her punishment for coming to work in america el legally, was to have her son taken away. >> immigration in itself, is not a reason to terminate parental rights. >> reporter: the case highlights the growing problem of what civil

. >> reporter: he was born as carlos, but is now called jamieson, adopted by melinda and seth moser ofarthage, missouri, after a judge there ruled he would be better off with the mosers than with his birth mother, an illegal immigrant. >> i could not love him more had he come out of me physically. >> reporter: but now, the adoption is being challenged by the birth mother, encarnacion bial romero, a native of guatemala, who told abc news, her son was put up for adoption against her will. >> translator: i start crying and get sad because he's not with me. and i need him to be with me. >> reporter: she lost her son after being arrested five years ago, in a federal immigration raid at this missouri poultry plant. and ended up helpless, in federal custody, as the judge approved the adoption. >> translator: nobody could help me because i don't speak english. >> reporter: judge david dally terminated her parental rights. saying, illegally smuggling herself into the country is not a lifestyle that could provide stability for the child. he told abc news, he stands by his ruling. >> i thought it