Romanian authorities say New Zealand nurse Alana Cleland has "no chance" of adopting the 6-year-old Romanian boy she thinks of as her son.
According to Romanian news outlet Mediafax, Romania's Child Protection Commission would consider allowing Ms Cleland to continue caring for Iani only if she lived in Romania.
Rodica
Negrea, head of the commission office in Timis County, southwestern Romania, said: "From the moment she left New Zealand with the boy, she was aware she had no chance to adopt him, as long as the Government had imposed a moratorium on international adoption."
Because Ms Cleland did not get her application to formally adopt Iani in before the Romanian Government imposed its moratorium on foreign adoptions of Romanian children, she had no hope, said Mr Negrea.
"As long as Ms Cleland is a foreigner and is living abroad, she has no chance to get the boy.
"The child might be placed in her care only if she becomes a resident of Romania and continues to live here."
A paediatric nurse at Taranaki Base Hospital, 29-year-old Ms Cleland met Iani when she worked as a volunteer in a Romanian orphanage and he was 10 months old.
She took on formal fostering of him in May 2001 after Romanian childcare workers assured her she would be able to adopt.
Just one month later, the Romanian Government, stung by criticism of its treatment of thousands of freezing and starving orphans at the end of dictator Nicolae Ceausescu's reign in 1989, imposed a moratorium on adoption of orphans by foreigners.
Ms Cleland began adoption proceedings in New Zealand after bringing Iani here for a family wedding in May 2003.
But a letter from the Romanian Government demanding his return has led to the heart-wrenching journey back to Romania, where she will plead to be allowed to keep him.
She has a humanitarian visa to enter Romania and is due to arrive either today or tomorrow in the country from Budapest, Hungary, where she has been staying with friends.
Ms Cleland's mother, Beryl, said from her New Plymouth home her daughter was tired but ready to face whatever happened.
