Commercial Appeal:

Birth parents to appeal custody Chinese couple trying to get girl back after ruling

By Sherri Drake, February 5, 2005

A Chinese couple, battling to get their 6-year-old biological daughter back, will have their day in a state appeals court Feb. 16.

Shaoqiang 'Jack' He and wife, Qin Luo 'Casey' He, who now live in Cordova, say they gave Anna Mae up temporarily during financial, legal and health troubles.

But Jerry and Louise Baker, who also live in Cordova and have cared for the child since her birth, say after a 90-day period in 1999, the Hes asked them to keep her permanently.

In May 2004, after a 10-day trial, Circuit Court Judge Robert 'Butch' Childers terminated the Hes' parental rights. He called them unfit and said their legal efforts were a ruse to avoid deportation. Childers gave the child to the Bakers, who seek to adopt. A week later, the Hes filed an appeal.

The trial gained national media attention, with stories in USA Today and on CNN and CBS.

The Ladies Home Journal March issue features a six-page spread outlining the struggle between the couples.

The hearing will be before the Tennessee Court of Appeals in Jackson. Three judges will hear the attorneys' arguments and will likely issue a written decision, which could take weeks or months.

"It's a very important day because this is their opportunity to reverse the decision of the trial court," said David Siegel, the Hes' attorney. "This is an opportunity for them to get their parental rights reinstated."

The Bakers' attorney, Larry Parrish, said he'll argue the trial court made the only reasonable conclusion based on credibility.

"I've never seen two people (Hes) who destroyed their credibility more than those two," he said.

Lawyers from three university law clinics -- including Loyola in Chicago and Vanderbilt in Nashville, will also likely speak. In December, they offered to help analyze state law and clarify parental rights issues in the case. Parrish said Friday he's issuing a legal brief pointing out flaws in the law clinic attorneys' arguments.

--Sherri Drake: 529-2510