The case, revolving around the Bakers' claim that the Hes had abandoned their rights to the child when they signed a temporary custody order, lasted seven years and received national media attention in the United States.
Anna Mae's mother, Casey (simplified Chinese: 罗秦; traditional Chinese: 羅秦; pinyin: Luó Qín), obtained a visa as Jack's wife and shortly after coming to the United States became pregnant with Anna Mae.
They additionally looked for someone to take Anna Mae back to China to be cared for by relatives, but were unable to find anyone.
[citation needed] The Hes decided to let Anna Mae remain in the Bakers' custody due to their lack of financial ability to care for her.
The juvenile court officer, along with three witnesses and the interpreter, testified that she was "adamant that at some point she wanted her child back".
The Hes contacted the juvenile court officer several times during these months complaining about problems with visitation and their intention to regain custody.
Jack found work in Georgia and Casey continued to visit Anna Mae until one day she refused to leave the Bakers' home.
Jack quit his job in Georgia after the Bakers told him that Casey was not allowed to visit Anna Mae by herself.
The Hes wanted to take Anna Mae to a photography studio for a family portrait on her second birthday, but the Bakers refused.
On June 20, 2001, they filed a petition for adoption and termination of parental rights in the Chancery Court of Shelby County, citing abandonment and lack of financial support from the Hes.
They contended that the facts did not support a finding of willful abandonment, as their repeated effort to seek custody via juvenile court was a clear attempt to visit Anna Mae.
The Hes argued that they had parental rights over the custody dispute, as the exception laid out in a Tennessee Supreme Court decision based on Blair v. Badenhope should apply.
[2] In its ruling, the Court said: "We hold that the parents of Anna Mae He did not voluntarily transfer custody and guardianship of Anna Mae He to the Bakers with knowledge of the consequences and, therefore, are entitled to superior rights to custody" and "the evidence does not support a 'willful failure to visit' as a ground for abandonment."
[8] On February 21, 2007, the Bakers released videos of Anna Mae, showing what they explained as Anna Mae He's rejection of her Chinese heritage, saying she would rather live in the United States over China, would not eat Chinese food anymore, and told people that she was Mexican.
[9] According to a report from USA Today dated February 21, 2007, Jerry Baker paid Anna Mae US$5 for each question she answered, such as "Where do you want to grow up United States or China?"
[10] Juvenile Court Judge Curtis Person threatened to issue a gag order to the Bakers if the media coverage continued.
Judge Curtis Person said that the psychologist will be responsible for arranging a series of meetings over a period of four weeks, with the visits increasing in duration and frequency.
They accepted the invitation[16] The He family's legal residence in the U.S. was based on Jack He's student visa, which has long since expired.
The He family agreed to go back to China to avoid deportation after the custody battle, although Anna Mae had lived in the U.S. her entire life and could not speak Chinese.
[19] On July 31, 2008, local Memphis television station WMC-TV published an article stating that Jack He wanted to move back to the U.S. with his family, and that his children were not happy in China.
He alleged that the Bakers told Anna that the Hes were "illegal aliens who crossed...from...Mexican border and who [had] disappeared since," and that they told a USA Today reporter that Anna was "abandoned by her natural parents" whereas they "saved this abandoned child or else she would be sent back to the horrible place known as China".
[24] On November 29, 2008, an Associated Press story indicated that Anna Mae and her siblings attend a boarding school in Chongqing, China, during the week and visit their mother on weekends, when they also receive extra lessons in Chinese, art, and piano.
Anna Mae speaks with her former foster parents, the Bakers, on the telephone once a week and they also send her packages filled with some of her favorite foods.
Casey He spoke to the reporter about returning to the United States with the children but said it would be difficult for her to find work there because of her limited English.