Petition of Kirchner

Otakar Kirchner was granted leave to file with this court a complaint for writ of habeas corpus on behalf of his son on November 15, 1994. The petition was premised upon this court’s June 16, 1994, opinion invalidating the Does’ adoption of Kirchner’s son, herein identified as Richard. (In re Petition of Doe (1994), 159 Ill. 2d 347.) The petition requested that this court order the Does to surrender custody of Richard to Kirchner.

Oral arguments on the propriety of the writ and the Does’ standing to seek a separate custody hearing were held on January 25, 1995. On that same day following oral…