FRANKFORT — A Northern Kentucky couple fighting for the return of their biological son, 3 1/2-year-old Justin, are asking the Kentucky Court of Appeals to reconsider a September ruling that the child can remain with the Ohio couple trying to adopt him.

        Regina Moore and Jerry Dorning, an unmarried couple of Burlington, filed a petition Friday in the state appellate court for a rehearing of their case.

        If it is unsuccessful, their only option is to file an appeal with the Kentucky Supreme Court. Attorneys for Ms. Moore and Mr. Dorning already have said they've given up on the possibility of getting the case into the federal court system.

        Justin was born in February 1997. He went to live with Rich and Cheryl Asente of Girard, Ohio, when he was 11 months old. Ms. Moore and Mr. Dorning had signed consent-to-adopt forms, which stated that they were irrevocable after 20 days.

        Ms. Moore and Mr. Dorning have said they signed the consents with the understanding that they would have until a special hearing to change their minds.

        They requested Justin's return the day of that hearing, which then never took place. The Asentes refused to give Justin back, leading Ms. Moore and Mr. Dorning to sue.

        Kenton Circuit Judge Patricia Summe ruled in February 1999 that the biological parents had made a misinformed decision when they let Justin go live with the Asentes. She ordered Justin's return to his biological parents.

        The state appellate court reversed that decision on Sept. 15, writing in an opinion that the biological parents knew the significance of their signatures on the consents.

        The Ohio Supreme Court already has decided that Kentucky has proper jurisdiction over Justin's case. The Asentes filed a motion for reconsideration, which was denied and leaves Kentucky courts with the ultimate say in Justin's case.

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