O’connell v. Kirchner, 513 U.S. 1303

ON APPLICATION FOR STAY

Syllabus

Applications by the guardian ad litem for Baby Boy Richard and by his adoptive parents are denied. In seeking to recall the Illinois Supreme Court’s mandate and to stay that court’s issuance of a writ of habeas corpus directing that Richard’s custody be transferred to his natural father, they argue that no writ of habeas corpus ordering a change in custody can be issued absent a full and fair hearing, because Richard has a constitutional liberty interest in remaining with his adoptive parents and they have a liberty interest in maintaining their relationship with him. However, this argument cannot succeed. The underlying liberty interests have already been the subject of exhaustive proceedings in the Illinois courts, culminating in the decision that Richard’s biological father is entitled to present custody. The habeas corpus proceeding from which the adoptive parents now seek relief adjudicated no new substantive rights, but merely enforced the mandate of the prior decision. Accordingly, applicants have received all the process due them under federal law.