MIAMI -- An 8-month-old boy who was born with a drug addiction and infected with HIV is stuck in the middle of a controversial custody battle.

Ricky Morales' foster parents learned Monday that they're losing custody of the child. They said they are being discriminated against because they're gay.

Morales was born premature to a crack addict whom the Department of Children and Families deemed was unfit to care for him. Needing a home to call his own, Morales was placed in the care of Roger Carillo and partner Hiram Perez.

Knowing Morales' background, it was a challenge Carillo and Perez were willing to take on.

"I want to think of myself as a good-hearted person that, because he was HIV (positive) and because he had those addictions and nobody else wanted him, I chose to say yes," Carillo said.

Adoption proceedings were under way until Monday, when they received a phone call from the same agency that placed the child in their care. They were told a caseworker would come to their home Tuesday to take Morales away.

That's because a judge granted Morales' biological grandmother custody during a hearing they said they knew nothing about.

"What about where he's been?" Carillo said, also questioning why the grandmother didn't want the child initially.

Carillo and Perez said they believe the reason for the sudden custody-swap is that they are gay.

"I'm very disturbed what's going to happen in the future with my child," Perez said.

Attempts to contact Morales' grandmother were unsuccessful.