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 Authorities seized the mummy last year when the man's niece mentioned it to staff at a day care center.
State tests showed the baby had died of natural causes, but they didn't establish a family relationship. Now, the state won't release the remains to the Charles Peavey family without proof of kinship, and Peavey says he can't afford DNA testing.
Prosecutors raised concerns about the family's treatment of the mummy if it was returned.
The mummy, known as "Baby John," had been on display on a bureau in Peavey's home. Relatives and friends treated the mummy as a family member, giving cards during holidays and even a dried fish as a pet. Peavey said his family believes the mummy was the child of a great-great uncle.
"I've never treated him like a joke. No weirdness was going on," Peavey said.
Probate Judge Richard Hampe said without kinship proven, the baby must be buried.
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 Peavey said the family was disappointed but won't appeal.
"It's one of the few things from our family past that we have left," Peavey had written in a petition to the court. "And when I pass on, I was looking forward to passing it on to another family member, to keep some of the history for future family members."
[Associated Press]
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