Feverishly calling anyone who may know where his wife could be, while fearing she may have carried out the abortion she once threatened to do, he learned from a family doctor that his wife was no longer pregnant but they could not legally disclose what had happened to the baby.
An ounce of relief only came to the horrified man when his wife finally called him in June, telling him she had signed away their baby to the Frei family.
‘I believe she felt guilty at that point because she just made a call out of the blue,’ he said of his ex-wife’s phone call.
Once he learned of his daughter’s fate, he immediately tried to track his little girl down but upon contact with the adoption center they refused to disclose any information on her whereabouts.
The agency told the court in October that it was standard procedure to not share any information with a father of a potential adoptive child when asked.
‘I am not a very religious person,’ Achane has since told the Tribune, ‘but thou shalt not steal.‘
Speaking of the drawn out legal battle, he said: ‘If they prolong it, that is more time away from my daughter. There are precious moments I can’t get back. … It has been a year and a half now.
‘There is no court order saying they have the right to my child. I just won the case. I want to get my daughter and raise my daughter,’ he said.
When an attorney for the Frei family contacted Achane, asking him to consent to the adoption, he said no and demanded his little girl returned to him - to the Frei family’s complete surprise.
‘Over the last 19 months, despite the law requiring that a father show interest in his child and at least attempt regular communication to establish a bond, the father has never shown any interest in Leah other than to hire an attorney,’ the family writes in their blog.
Despite a judge’s order to return the child within 60 days, the family now asks that his parental rights granting him custody of her be terminated.
They accuse him of abandoning both the mother and baby during her pregnancy and therefore demonstrating no capability for raising the girl.
‘The right of a fit, competent parent to raise the parent’s child without undue government interference is a fundamental liberty interest that has long been protected by the laws and constitution of this state of the United States, and is a fundamental public policy of this state,’ said Judge McDade.
He added that there is no law requiring the father to ‘prove himself’ as fit to father his own child.
‘Once Mr Achane contacted the Adoption Center of Choice … to let them know he opposed the adoption and wanted his daughter back, that should have been the end of this case,’ said McDade.
Judge McDade berated the Adoption Center of Choice’s handling as ‘utterly indefensible.’
‘This is a case of human trafficking,’ Achane’s attorney Mark Wiser told the Tribune.
‘Children are being bought and sold. It is one thing what [adoption agencies] have been doing with unmarried biological fathers. It is in a new area when they are trying to take a child away from a married father who wants to have his child.’
But on Friday, Judge McDade upheld his November 20 decision dismissing their adoption petition and awarded custody to Achane.
Utah Judge, Darold McDade, decided yesterday that Terry Achane, 31, should have custody of Teleah. The girl can now return home with her father, until a March hearing in Utah’s high court.
Jared and Kristi Frei, the Utah couple who had hoped to adopt Teleah, left the court through a back exit.
The Freis did not speak to the media but their lawyer, Lance Rich, called it a painful time for the family.
Rich requested some privacy for the Freis and for ‘the little girl whom they considered part of their family for these past 22 months.’
As reported by the Salt Lake Tribune, Rich stated: ‘The Freis’ focus and concerns at this time are to enable her to make a successful transition to her father.
‘Please respect the privacy of the Frei family and also of the child in this case and allow all involved in this case to heal from this experience.’
Achane told the Tribune that the decision was ‘hard’ on the Frei family and that there were a ‘lot of tears.’
‘They raised my daughter right,’ Achane added. 'They love my daughter just as much as I do.’
I got my daughter back,’ Achane told the Salt Lake Tribune. 'I’m very happy. It’s 22 months too long, but the wait was worth it.’