Justice Stevens Refuses to Block Adoptive-Child Custody Ruling

Supreme Court Justice John Paul Stevens refused Saturday to block an Illinois Supreme Court ruling that gave custody of a boy known as Baby Richard to the biological father he has never met.

Stevens issued a two-page ruling denying emergency stay requests by lawyers for the boy, who is almost 4, and for the couple who adopted him. Stevens rejected their claim that they were entitled to a hearing before the full court.

Richard Lifshitz, an attorney for the adoptive parents, said they were considering approaching other Supreme Court justices or asking the entire court to hear the case.

The Illinois Supreme Court voided the boy’s adoption last year, saying Otakar Kirchner, the boy’s biological father, had been denied his parental rights. On Wednesday, the state’s top court granted Kirchner’s request that the child be turned over to him.

Richard was put up for adoption by his mother, Daniela Janikova, who believed Kirchner had abandoned her. Kirchner, who had been told the boy had died, began fighting for custody before the baby was 2 months old.

He and Janikova have since married.