A judge dismissed a lawsuit brought by an 11-year-old boy who is seeking adoption by a foster couple but didn't decide whether the child could sue for "divorce" from his parents.

After a hearing Thursday, Circuit Judge G. Richard Singeltary said the case belonged in neighboring Orange County, where the boy, identified as Gregory K., once lived with his biological parents."This court does not have jurisdiction over this child," the judge said.

Gregory's father, identified only as Ralph K., signed a consent decree last week to surrender his parental rights and said he favored the adoption, but his mother has said she will fight it.

The father and mother are separated, but both now live in St. Louis. The lawsuit charges both are alcoholics and unfit parents.

Lawyers and child advocates believe the lawsuit is the first of its kind in the country and could have implications for children living under similar circumstances.

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"This is literally the Rosa Parks of the youth rights movement," said Jeanne Lenzer of the National Child Rights Alliance, a Massachusetts-based organization of abuse victims and adult survivors.

The alliance and 17 other groups or individuals have joined the lawsuit.

Jerri Blair, the boy's lawyer, said she would decide by next week whether to appeal the decision or refile the case in Orange County.

The foster father said he was disappointed with the ruling but not discouraged because "it's only a procedural thing."

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