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American Morning

Judge Orders Internet Twins Returned to United States

Aired April 09, 2001 - 11:01   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: But we begin with the latest from Britain and, after months of legal wrangling, there is a decision this morning in the Internet twins custody case in England. Two sets of parents tried to adopt the baby girls from a Web site.

For details on today's court action, we're going right to London and to CNN's Amanda Kibel -- Mandy.

AMANDA KIBEL, CNN CORRESPONDENT: Daryn, yes. The Justice Alec -- Andrew Kirkwood -- excuse me -- Andrew Kirkwood, who has been hearing this case for the past few months, has ruled that the twin girls, 9 months old, Kimberley and Belinda, must be returned to the State of Missouri where they were born. The State of Missouri will now decide on the future of these two girls. They will no longer remain in London.

For the time being, though, when they return to the United States, they will be placed in the care of foster parents there, until a decision is made by the courts in Missouri as to whether or not these children should be cared for by either one or both of their natural parents, both of whom are U.S. citizens and both of whom have made applications for custody of these children.

Justice Kirkwood was very clear on the Kilshaws, the couple who say that they -- the Welch couple who say that they have legal custody of these children, having paid for them. On the Internet, they paid some $12,000, they say, to an Internet adoption agency, and they believe that they should legally hold custody of these children. However, Justice Kirkwood disagreed. He said very strongly that he didn't feel it would be in the best interest of these children to go back to the Kilshaws.

The immediate future for the children is unclear. This will remain confidential. Their movements, when they will leave this country -- all of that will remain confidential to protect the interests of the children.

What we do know, though, is that they will no longer remain with the foster family in Wales where they have been cared for since January when social services removed from the care of the Kilshaws. According to the judge, for some reason unknown -- not made known by the judge, he says that the foster family, whom he credited with having cared for the children very well up until now, are no longer able to care for them and provide for their needs. So the children will be put into foster care either here in Britain or the U.S. until a decision is made on their long-term future, but that decision will now rest in hands of courts in Missouri -- Daryn.

KAGAN: Mandy, could you give us a little more insight as to what the judge had to say today? Was he deciding that the Kilshaws were not suitable parents or that this was a moot point since the adoption back here in the U.S. actually had been invalidated so that these are American citizens, these girls, and they should be back in the United States?

KIBEL: Well, the judge would certainly have taken that into consideration, the fact that these children are U.S. citizens, that both natural parents have claimed custody of them, and that a U.S. court has already awarded custody to the father, Aaron Wecker.

However, his main decision would have been based on the welfare of the children. And, certainly, when looking at the welfare of the children, he would have been considering very carefully whether or not the Kilshaws were fit parents. And, certainly, his decision would seem to indicate that the Kilshaws -- he considers the Kilshaws are not fit parents, and he considers that the future welfare of these children will not be best served by the Kilshaws, and he said as much as that in his statement.

Of course, the details of this are not available. The hearing was done in private, as was his statement to the families read in private. So we don't know the details of his wording exactly to the Kilshaws. But, certainly, his decision seems to indicate that he feels the best interest of the children will be served away from the Kilshaw family and in their home State of Missouri, possibly even with their natural parents. But, of course, that will be something that the Missouri courts will have to decide in due course -- Daryn.

KAGAN: And the way the British system works, do the Kilshaws have any way to appeal the judge's decision?

KIBEL: Yes, the Kilshaws can appeal the judge's decision. They have said all along that they will fight this to the bitter end. However, that remains to be seen. This has been a long -- long, lengthy, and very complex process. It has also been an expensive process for the Kilshaws and all parties involved.

But it remains to be seen whether or not they go ahead and actually pick up their appeal. They believe -- and they've said all along, and they continue to believe -- that these children belong with them.

Shortly before this ruling came through, we were told that Mrs. Kilshaw, Judith Kilshaw, rushed out of the courtroom in an angry state, very distressed, shouting "There is no justice in this country. " So, certainly, she feels that a great injustice has been done to her and that this decision should be appealed, but it remains to be seen whether or not the Kilshaws, in fact, go ahead and appeal. But, legally, they are certainly entitled to lodge an appeal against this decision -- Daryn.

KAGAN: Amanda Kibel from London. Thank you.

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