By Heather Hintze
June 18, 2009
 
ALBANY, Ore.--  A Linn County man is out of jail after spending two months in prison for trying to sell his girlfriend's unborn baby.
 
A judge ruled, that's not a crime.  Under Oregon law, it is illegal to buy or sell children under the age of 18.   But the law also says a baby is not a person until it is alive and breathing.
 
Sumer Jenson says she and her husband were already in the process of adopting their niece, when 28-year old Andrew McCullom asked them for $60,000 for the child.  They refused.  Then they say McCullom wanted $1,000 and a pick up truck.  That's when they called authorities.