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Biological Parents Take Custody of Baby Richard

April 30, 1995

SCHAUMBURG, Ill. (AP) _ A boy at the center of a four-year custody battle was taken sobbing and whimpering from his adoptive parents Sunday by the mother who had given him up and the father he had never met.

Biological parents Otakar and Daniela Kirchner picked up the 4-year-old boy, identified in court records only as Baby Richard, from the adoptive parents’ home in suburban Chicago.

The boy cried, whimpered and reached out to his adoptive mother repeatedly as his adoptive father turned him over to the Kirchners in front of the house where the boy had lived since he was 4 days old.

Many in a crowd of about 200 neighbors cried as the boy was driven away in a van. Some called out ``monster″ at the Kirchners, who met with the boy and his adoptive parents for about an hour before taking him away.

Kirchner demanded Friday that the adoptive parents turn the boy over to him within two days.

The Illinois Supreme Court granted Kirchner custody in January. Kirchner said he wanted a gradual transfer of custody to make it easier on the child, but talks broke down with the adoptive parents, known in court papers as Jane and John Doe.

The Kirchners decided to take custody immediately, ``despite our every effort and the Does’ willingness to make this change in custody in a way that would not destroy this child,″ said Laura A. Kaster, who represents the adoptive parents.

Kirchner had proposed taking custody of the boy with the help a child psychologist, plans for the Does to continue to see the boy and counseling for everyone, in exchange for an end to all litigation. Lawyers for the Does rejected the offer.

Loren Heinemann, the Kirchners’ lawyer, said that she and Kirchner ``made every attempt to ease the transfer of Richard to his father.″

Kirchner was estranged from the boy’s mother when he was born in March 1991. She put the baby up for adoption, and Kirchner was led to believe the child was dead.

When he learned the truth, he began pursuing custody, when the boy was 57 days old. Kirchner and the boy’s mother are now married.

The U.S. Supreme Court twice refused to consider the Does’ case. A third motion was filed with the court last month.

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