Two months after Richard was born, a friend of the biological mother told Kirchner the truth, and he intervened in the adoption proceedings to gain custody of his son.
The Circuit Court of Cook County, Illinois upheld Kirchner's paternity of the child and his right to intervene in December 1991, but a subsequent ruling declared him an unfit parent and permitted the adoption to proceed.
Justice James Heiple issued the order requiring that the child be removed from his home and turned over to Kirchner, whom he had never met.
[3] Los Angeles talk radio host Dennis Prager spent more than a month on his weekday radio show discussing this case and criticizing the Illinois Supreme Court Decision,[4][5] and held a "Rally for Baby Richard"[6] where actors Priscilla Presley, Tom Selleck, and John McCook also spoke.
[7] Nationally syndicated Chicago Tribune columnist and author Bob Greene wrote numerous times about the case, decrying the transfer of "Baby Richard" from his adoptive to his biological parents.
[8] Karen Moriarty, a therapist for the biological parents, told the Chicago Sun-Times in 2003 that Danny had adjusted well to life after the custody battle.