Two couples fight for girl

By TAJUANA CHESHIER, The Jackson Sun News
mailto:tcheshier@jacksonsun.com?subject=OnlineStoryFeedback
Feb 17 2005

A Chinese couple continued their five-year battle to regain parental rights to their 6-year-old daughter, Anna Mae, on Wednesday in the Tennessee Court of Appeals in Jackson.

Attorneys for Qin Luo ''Casey'' and Shaoqiang ''Jack'' He claim the couple never agreed to the adoption of Anna Mae.

The Hes, who were facing large legal and medical bills, thought it was a temporary arrangement to have Memphis couple Louise and Jerry Baker care for their daughter until they were financially able.

On Feb. 24, 1999, the Bakers took Anna Mae into their home on a 90-day foster care arrangement worked out privately with the Hes. On June 4, 1999, the Hes signed Juvenile Court papers giving custody of their daughter to the Bakers.

The families sat in a packed courtroom among numerous reporters while their attorneys presented arguments before a three-judge panel for three hours.

Before the proceedings, Judge Alan Highers set the ground rules.

''There will be no participation from spectators,'' he said. ''We will not make a decision today, but it will be done expeditiously.''

However, the judges are under no time constraint on their ruling.

The Hes are appealing a May ruling by Circuit Court Judge Robert Childers of Memphis that took away their legal rights to Anna Mae.

Childers granted a petition from the Bakers to terminate the Hes' parental rights to clear the way for Anna Mae's adoption.

Richard Gordon represents Qin Luo while David Siegel is the attorney for Shaoqiang.

''This was done because they have different rights,'' Siegel said.

Siegel argued the couple was not made aware that their parental rights could be terminated if they did not visit or provide financial support for their daughter over a four-month period.

The Bakers have four children of their own. The Hes have had two other children, a boy and girl, since Anna Mae's birth.

Surrounded by supporters, the Hes listened from the rear of the courtroom.

Qin Luo clutched a tissue and cried while Shaoqiang sat upright in his seat and occasionally leaned over to whisper to his wife.

Larry Parrish, the Bakers attorney, argued his clients acted out of concern for Anna Mae.

''The Hes' visits were sporadic and at times they would not show up at all,'' said Parrish, calling the Hes' efforts, ''token visitations.''

The Hes claim they visited their child 80 times while Parrish argued it was 68 visits.

''You have to 'act' like a parent to have parental rights,'' said Parrish, who also argued the Hes intended all along to leave their daughter with the Bakers until she was 18.

Parrish said the Hes never paid support to the Bakers, a claim countered by Siegel and Gordon.

Judge Holly Kirby questioned the lack of child support payments given to the Bakers by the Hes.

''The Bakers rejected $300 offered to them,'' Siegel said.

The Hes stopped their visitation during a four-month period because they were run off the Baker property by police following an argument between the couples in January 2001.

The Hes claimed they were afraid to return to the Bakers because they did not want to be arrested, Parrish said.

''Mr. He is not a hapless man trying to find his way. He is a Ph.D. candidate and he has his master's,'' he added.

After the arguments, Judge David Farmer assured all parties concerned that they would study the case before making a decision.

While talking with reporters outside of the courtroom, Jerry Baker said he was confident that Anna Mae would stay in their family.

''We feel like no matter what happens we're the legal guardians,'' he said.

The Bakers have raised Anna Mae since she was just under a month old.

''She doesn't understand everything that's going on, but she's doing fine,'' Baker said. ''She's a typical 6-year-old little girl.''

Outside of the Supreme Court building, the Hes also expressed their feelings about the case.

''We want our daughter to know her younger brother and sister,'' Shaoqiang said. ''We want all our children to be raised under one roof.''

The Hes, who live in Memphis, are hoping the court will make a decision in their favor.

''The Bakers should have returned her as promised. It's unethical the way they are trying to adopt her,'' he said.

A supporter of the Hes, Khun-Bok Ahn, attended for moral support.

''A mother and father have the right to raise their child regardless whether they are rich or poor. They should give the child back - it's that simple,'' Ahn said.

The Associated Press contributed to this report.

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- Tajuana Cheshier, (731) 425-9758

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