Nunu Sung secretly gave birth to her son June 12, 2009, and hid him in bushes. The baby spent about 1 1/2 hours in 50-degree temperatures before a neighbor in Wheaton and his dog discovered him. The boy, nicknamed "Joshua" by hospital staffers who cared for him after he was found, has lived in foster care since.
DuPage County Judge Robert Anderson said it was in Joshua's best interest to remain with the foster parents, who testified they wish to formally adopt him, the Chicago Sun-Times reported.
Sung, 27, pleaded guilty in 2010 to lying to police who were investigating Joshua's case. A plea agreement called for her to serve a three-year prison term, which would bar prosecutors from moving to revoke her parental rights to her son.
She was paroled last month, but will be held in custody while officials review her immigration status.
Prosecutors stepped in when Joshua's guardian moved to terminate Sung's parental rights. Sung's attorneys said the action violated her plea deal.