In re Kirchner

While Otakar Kirchner (plaintiff) was abroad tending to a dying relative, the mother of his unborn child, Daniella Janikova, put their son Richard up for adoption and deceived Kirchner into believing Richard had died at birth; the adoptive Does knew Janikova had lied to Kirchner and that he hadn't consented to the adoption, and acquiesced in the deception. After Kirchner discovered the truth and sued, courts initially found him unfit for failing to show interest in the first 30 days (during which he believed Richard was dead), but the Illinois Supreme Court reversed, vacating the adoption and finding Kirchner's parental rights had never been properly terminated; the Does still refused to return Richard, instead petitioning for a best-interests custody hearing under a state law requiring one whenever an adoption is vacated, and Kirchner sought habeas relief.