|
Chinese parents lose daughter to US couple
(Agencies)
Updated: 2004-05-14 10:30
An American couple has won custody of a 5-year-old Chinese girl who became
the subject of a tug-of-war between her foster and biological parents, ending a
four-year fight that drew international attention.
Shaoqiang He, left, comforts his
wife, Qin Luo He, as she holds their daughter, Avita He, in their hotel
room in Memphis, Tenn., on Wednesday, May 12, 2004, after a judge ruled
the couple were unfit to raise their 5-year-old daughter, Anna Mae,
leaving her in the custody of the American foster family who has raised
her. [AP] | Circuit Court Judge Robert Childers said their foster daughter, Anna Mae He,
will remain with Jerry and Louise Baker, who can continue efforts to adopt her
unless his ruling is overturned on appeal.
Childers said the girl's biological parents, Shaoqiang and Qin Luo He, are in
the United States illegally and have used the custody fight over their daughter
to avoid deportation.
"Both Mr. and Mrs. He have shown themselves to be persons who do not consider
themselves bound by the rule of law," Childers said Wednesday in nullifying the
Hes' parental rights.
Childers rejected arguments by the Hes that they put Anna Mae in what they
thought was temporary foster care in 1999 because of financial and legal
hardships. The judge said the child's best interest is served by staying with
the family she has become to regard as her own.
The Hes, who face possible deportation, vowed to appeal, and a citizens
group, the Greater Memphis United Chinese Association, promised to continue
helping them pay legal bills.
"This is a typical travesty of justice," said Shaoqiang He after hearing news
of the decision. Next to him, his wife cried uncontrollably as she held her two
younger children.
The trial was scrutinized by Chinese-Americans and Chinese citizens across
the United States. The Chinese embassy in Washington sent representatives to
pretrial hearings and wrote to the Tennessee courts seeking assurance the Hes
would be treated fairly.
The Bakers argued that Anna Mae has become part of their family, which
includes four biological children, and taking her away would be emotionally
devastating for her.
"We're so relieved and proud that Anna is going to be allowed to wake up in
the same bed that she woke up in since she was 3 weeks old," Jerry Baker said.
"One day, we're going to be allowed to walk her down an aisle when she gets
married."
Childers said Shaoqiang He admitted lying about his income under oath in a
December 2002 deposition and also lied on a visa application for Anna Mae's
mother.
The judge also said Qin Luo He was "unstable" and demonstrated a pattern of
irrational behavior. He cited how she would begin sobbing when asked difficult
questions but regained composure for others.
"Mrs. He's courtroom hysterics were calculated," Childers said.
The judge also cited China's "one-child-per-family" policy in his ruling,
noting that families with more than one child in China were subject to financial
penalties and the loss of government benefits.
Shaoqiang He came to Tennessee to work on a Ph.D. in business at the
University of Memphis. His trouble began in 1998 when he was accused of sexual
assault by another student.
He was eventually acquitted, but the university had already taken away his
scholarship and stipend. The government revoked his visa and started deportation
proceedings, which were put on hold because of the custody fight.
The Hes say they were forced to find help caring for Anna Mae because they
were out of work and faced large legal and medical bills.
| |
 |
|
|
|
|
Today's
Top News |
|
|
|
Top Life
News |
|
|
|
|
|
|
|
|
|
