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DESCRIPTION

"Judge Orders Adopted Baby Returned to Father, Couple Plans to Appeal Ruling

A judge has ordered a Utah couple to return their adopted toddler to her biological father after it was revealed that his wife gave up the child without the father's knowledge or permission.

The couple, Jared and Kristi Frei, now has 60 days to return the 21-month-old girl to her father Terry Achane, a U.S. Army drill instructor. But the Freis' lawyer told ABCNews.com that they will not give up the girl, whom they call Leah, and will appeal the judge's ruling.

"They believe the district court made some fundamental errors in its decision and they will raise those with the appropriate appellate court. Yes, they will appeal," their lawyer Larry Jenkins told ABC News.com.

Achane, 31, was stationed in South Carolina on March 21, 2011, when his estranged wife gave birth in Utah and immediately turned the baby over for adoption."

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