Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, January 29, 1995                   TAG: 9501310053
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A5   EDITION: METRO 
SOURCE: ASSOCIATED PRESS
DATELINE: WASHINGTON                                 LENGTH: Medium

JUSTICE WON'T BLOCK TRANSFER OF BOY FROM ADOPTIVE PARENTS

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 U.S. Supreme Court.

``The underlying liberty interests the applicants claim have already been the subject of exhaustive proceedings in the Illinois courts, culminating in the Illinois Supreme Court's decision last year,'' Stevens wrote. ``The result of those proceedings was a determination that the biological father was entitled to present custody.''

Stevens said he had no authority to consider ``the regrettable facts that an Illinois court entered an erroneous adoption decree in 1992 and that the delay in correcting the error has had such unfortunate effects on innocent parties.''

Loren Heineman, attorney for Otakar Kirchner, the boy's biological father, said Richard would remain with the adoptive family for the time being.

``I don't think anything changes here,'' Heineman said Saturday. ``They've given no indication that they intend on withdrawing from the legal battle. Today, tonight or tomorrow, they're going to ask another justice for a stay.''

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

He and Janikova since have married and recently learned they are expecting another child.

The case is O'Connell vs. Kirchner, A-555.