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In re Doe | 638 N.E.2d 181 (1994)

Adoption terminates the relationship between a child and his or her biological parents and establishes a new one between the child and the adoptive parents. In In re Doe, we explore the circumstances in which a court may approve an adoption over a biological parent’s objection.

When Danielle Janikova was pregnant with Otakar Kirchner’s baby, Kirchner supported Janikova for the first eight months. But he then went on a two-week trip to his native country of Czechoslovakia. A family member called Janikova to say that Kirchner had rekindled a relationship with a former girlfriend. Janikova then left the couple’s apartment and refused to communicate with Kirchner upon his return. Janikova later gave birth at a different hospital than the one planned. And she told Kirchner that the baby died shortly after birth.

In fact, four days after the birth, Janikova consented to her son’s adoption by John and Jane Doe. Janikova told the Does and their attorney that she knew the father’s identity but wouldn’t share it. And the attorney made no effort to identify or notify Kirchner.

The baby, then known as Richard, was fifty-seven days old before Kirchner learned of the adoption proceedings. He promptly contested the adoption. But the trial court concluded that because Kirchner hadn’t shown a reasonable degree of interest in Richard within Richard’s first thirty days, Kirchner was an unfit parent.

And consequently, the trial court held that Kirchner’s consent wasn’t required for Richard’s adoption. The state appeals court affirmed, holding that remaining with his adoptive family, the only family he’d known, was in Richard’s best interests. Kirchner then appealed to the Illinois Supreme Court.

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