An Oregon father and daughter, who admit they are in an incestous relationship, have lost custody of the second child they had together.
Eric Lee Gates, 49, and his daughter, Chalena Mae Moody, 25, had no idea they were related to each when they first met through a mutual friend and started a relationship, Daily Mail reports.
Gates was not part of Moody’s young life because he was in out of prison throughout her childhood.
When the father and daughter discovered they were related, they continued their relationship and Gates impregnated Moody three times.
The first pregnancy ended with a miscarriage, while the second child born with several medical problems related and was taken into foster care. The third child was also taken away four days after he was born last year and remains in state custody.
The couple was convicted of incest charges and ordered to cease contact with one another.
In March, Moody was sentenced to 10 days in jail but received credit for time already served. She was also placed on 18 months probation.
Gates is currently serving a six-month prison sentence for violating probation by moving back in with his daughter. He was also ordered to pay restitution to Oregon for the medical expenses of both children he had with Moody.
The couple had asked the appeals court to overturn a decision for the new baby to be put in foster care. The case was rejected, the Register Guard reports.
Gates and his daughter argued the appeals court failed to prove that their relationship posed a risk to their 4-month-old child.
But the appeals court opinion stated that the reasons the child was taken into state custody was because of Moody’s substance abuse and the couple’s “chaotic lifestyle.” It also cited Gate’s criminal history.
The appeals court opinion also stated that the other child born in 2013 has “significant medical issues, including medical issues that are likely due to the close genetic relationship of his biological parents.” It added that there is possibility these same conditions will affect the newborn.
Incest is considered a Class C felony. In Oregon, it is defined as when a person marries or engages in sexual intercourse with another person known to be related to them, either whole or half-blood.
Moody, who was married to another man at the time of the new baby’s birth, has also given birth to three other children. All of them were adopted.