Nunu Sung, 27, wanted custody for the child she abandoned. She will now face additional legal proceedings to determine if her parental right should be terminated.
In June of 2009, she left her child in a neighbor's yard shortly after his outdoor birth. The child, who is now 2 1/2 years old, is being raised by a foster family.
Sung, a native of Myanmar, plead guilty to obstructing justice for lying to police about the birth in 2010 in exchange for her guilty plea on obstruction of justice.
Her parole is scheduled to begin this month.