In Re Petition of Doe

627 N.E.2d 648, 254 Ill. App. 3d 405, 194 Ill. Dec. 311, 1993 Ill. App. LEXIS 1271
CourtAppellate Court of Illinois
DecidedAugust 18, 1993
Docket1-92-1552
StatusPublished
Cited by19 cases

This text of 627 N.E.2d 648 (In Re Petition of Doe) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Petition of Doe, 627 N.E.2d 648, 254 Ill. App. 3d 405, 194 Ill. Dec. 311, 1993 Ill. App. LEXIS 1271 (Ill. Ct. App. 1993).

Opinions

JUSTICE RIZZI

delivered the opinion of the court:

John and Jane Doe filed a petition to adopt a newborn baby boy, Richard.1 Richard’s biological mother, Daniella Janikova (Daniella), and father, Otakar Kirchner (Otakar), were not married. Daniella executed a consent to have Richard placed for adoption four days after he was bom. Daniella, however, did not tell Otakar. Otakar was told that Richard died shortly after his birth. Daniella did not tell Otakar that Richard was living and had been placed for adoption until Richard was 57 days old. After he discovered that Richard had been placed for adoption, Otakar opposed the adoption on the basis that he did not consent. Otakar and Daniella then got married. The adoption case proceeded to trial. The trial court found that Otakar was an unfit person to have a child and therefore his consent for the adoption of Richard was not required. (750 ILCS 50/8, 14 (West 1992).) The trial court then entered a judgment of adoption, with John and Jane Doe adopting Richard. Otakar has appealed from the judgment of adoption and the orders inherent to the validity of the judgment of adoption. We affirm.

Otakar, age 36, and Daniella, age 25, are emigres from the former republic of Czechoslovakia. Otakar arrived in the United States in 1986, and Daniella arrived in 1988. In the fall of 1989, they met while working together at a restaurant. They then began living together in an apartment in Chicago. In June of 1990, Daniella became pregnant and she and Otakar were advised that the baby was due to be bom on March 16, 1991. Around July of 1990, Daniella stopped working and became a full-time student to become a beautician. She was dependent solely upon Otakar for financial support.

Otakar and Daniella continued to live together, and Otakar paid for Daniella’s prenatal care. They planned that the baby would be bom at St. Joseph’s Hospital in Chicago, which is only one block from where they lived.

In January of 1991, Otakar returned to Czechoslovakia for a vacation and to attend to family matters related to his gravely ill grandmother. He remained in Czechoslovakia about 13 days. While Otakar was in Czechoslovakia, however, Daniella received a telephone call from Otakar’s aunt. She told Daniella that Otakar had been seeing his former girl friend in Czechoslovakia and that they had married and were on their honeymoon. Daniella became upset. She telephoned Otakar in Czechoslovakia and told him that she did not want to see him anymore. Otakar told Daniella that the story his aunt told her was not true. Nevertheless, Daniella moved out of the apartment and into a shelter for abused women located in Chicago.

While she lived at the shelter, Daniella decided that she would place the baby for adoption. Daniella told her friend, Roberta Scholes, of her plan. Scholes contacted a lawyer for Daniella. Meanwhile, on February 8, 1991, Otakar returned from Czechoslovakia and went to his apartment, where he found that Daniella had moved out and taken all of her belongings.

On February 11, 1991, Daniella met with the lawyer and John and Jane Doe about the proposed adoption. Daniella refused to disclose the name of the baby’s biological father to the Does or their lawyer.

There were several meetings between Daniella and the Does and their lawyer. At the meetings, Daniella stated that she knew who the biological father of the baby was, but she did not want to disclose his identity because she feared that he would assert his parental rights.

In mid-February 1991, Daniella left the shelter and went to live with her uncle in his house in the Village of Hillside. Otakar knew that Daniella was living at her uncle’s house. Otakar telephoned Daniella several times, but she refused to speak to him or return his calls.

Otakar claims that he asked mutual friends to talk to Daniella on his behalf, but Daniella refused their efforts. In addition, during the latter part of February 1991, Otakar gave $500 to a mutual friend, Selva Duran, and asked her to give the money to Daniella. Daniella, however, refused to take the $500.

During the latter part of February, Daniella met with Otakar twice. First, they met at a restaurant. The following day, approximately February 28, 1991, Daniella went to Otakar’s apartment where they engaged in sexual intercourse. Otakar asked Daniella to return and live with him in the apartment, but she refused. The next day, Daniella telephoned Otakar and told him that she did not want to see him again. Nevertheless, Otakar made numerous telephone calls trying to reach Daniella at her uncle’s house, to no avail.

On March 16, 1991, Daniella went to Alexian Brothers Hospital in Elk Grove Village, Illinois, and Richard was bom. Daniella refused to name or identify the biological father of the child. Meanwhile, on March 16, 1991, Otakar had made inquiry about Daniella at St. Joseph’s Hospital because when they were living together that is where he and Daniella had planned to have the birth of the baby. He was told that Daniella had not been admitted into the hospital. Otakar checked with St. Joseph’s Hospital for several days and each time he was told that they had no record of a Daniella Janikova.

On March 20, Daniella executed a document entitled “FINAL AND IRREVOCABLE CONSENT TO ADOPTION,” for Richard, at the Cook County Department of Supportive Services. (See 750 ILCS 50/9, 50/10 (West 1992).) On the same day, the Does filed a petition for adoption, which averred that the biological father of the child was unknown. Also, a statutory notice by publication was made in the Chicago Daily Law Bulletin, with the averment that the biological father of the child was unknown. (750 ILCS 50/7 (West 1992).) March 20, 1991, was also the day that Richard was placed to live with the Does.

Otakar had not been told that Richard had been placed for adoption. On March 20, 1991, Otakar spoke with Daniella’s uncle on the telephone. Daniella’s uncle told Otakar that the baby had died three days after birth. Daniella’s uncle had lied about what had occurred at the direction of Daniella. Daniella’s uncle spoke to Otakar subsequently on two other occasions, and each time he told Otakar that the baby had died. It appears, however, that Otakar did not believe that the baby had died. On about March 26, Otakar telephoned Daniella at her uncle’s house and left a message on the answering machine: “I don’t believe the baby died.”

Otakar claims that on many occasions after work at around 3 a.m., he went to Daniella’s uncle’s house, where Daniella was living. He looked into Daniella’s parked automobile to see if there was an infant’s car seat or baby bottles; he also went through the garbage cans at the curb of the house to see if there were any diapers or other similar items. Otakar also claims that he made inquiry at some hospitals seeking information about Daniella and the birth of the baby, to no avail. He also claims that some friends helped him in searching through official public records for a birth or death certificate. They found nothing.

At some time between May 5 to May 10, 1991, Selva Duran told Otakar that the baby did not die but was placed for adoption.

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Cite This Page — Counsel Stack

Bluebook (online)
627 N.E.2d 648, 254 Ill. App. 3d 405, 194 Ill. Dec. 311, 1993 Ill. App. LEXIS 1271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-of-doe-illappct-1993.