47-year-old Jose Lerma is out of jail on a $50,000 bond. 27-year-old Irene Lerma is still behind bars on an immigration hold, along with the child's mother 23-year-old Nicole Uribe.
According to the arrest affidavit, Nicole Uribe reportedly told police she didn't really want to give up her baby, but she felt she had no choice because she couldn't afford to raise a child. But adoption agencies in the Pueblo area say, this situation didn't have to turn out the way it did.
There are literally hundreds of families across Colorado who are desperate to adopt a child. Felicia Cogburn, a loving homes case worker says even though Uribe is an illegal immigrant she still could have legally adopted her child out. It's the adoptive parents who are put under the microscope. "They have to undergo extensive background checks to make sure that they're not, that there's no problems with child abuse, no history like that." Cogburn says.
Uribe met the Lerma's through a mutual friend, according to the affidavit, and knew the couple for only a week before allegedly deciding to hand her son over.
According to the affidavit, the Lermas told police that they gave Uribe and her husband Justin Hines about $2,000 but not in exchange for the baby. Hines, according to the affidavit, is not the child's biological father.
Uribe also says she has two other children in Mexico, who are being raised by her grandmother. No word yet on whether Irene Lerma or Nicole Uribe will be extradited back to Mexico.