Ruling Gives Child, 3, Raised by Adoptive Parents to His Father

For a second time, the Illinois Supreme Court on Wednesday gave custody of Baby Richard to the biological father he has never met, taking the child from the adoptive parents who have reared him all of his 3 1/2 years.

The ruling was the latest round in a heart-wrenching legal battle that raised troubling questions about the finality of adoptions and the rights of biological parents. It also drew the state Supreme Court, Gov. Jim Edgar and the Legislature into a fierce public dispute.

Richard was put up for adoption by his mother, Daniela Janikova, who believed that the boy’s father, Otakar Kirchner, had abandoned her. Kirchner, who at first was led to believe the boy had died, began fighting for custody before the boy was 2 months old. He and Janikova have since married.

Last summer, the justices ruled that Kirchner had been denied his parental rights and invalidated the adoption by a suburban Chicago couple. That ruling caused a public uproar.

On Wednesday, the justices granted Kirchner’s request for an order that the child be turned over to him. The adoptive parents, identified in court documents as John and Jane Doe, had argued that they should retain custody under a new state law prompted by the case. The law allows courts to consider a child’s best interests when an adoption fails.

Jerold Solovy, the lawyer for the adoptive family, indicated that he would appeal to the U.S. Supreme Court, which earlier refused to hear the case.

Exactly how the boy was to be given to Kirchner was not spelled out by the court. The justices did not immediately issue an opinion explaining their ruling.

Kirchner has never talked to his son, seen him, or even seen a picture of the boy. He prefers a gradual transition from the Does, according to his lawyer, not a sudden removal from the home.