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View Full Version : Judge to rule on Baby 81 from Tsunami....


Twich
02-01-2005, 10:47 AM
http://www.foxnews.com/story/0,2933,145983,00.html

COLOMBO, Sri Lanka — More than five weeks after the tsunami ripped him out of her arms, Baby 81 (search) may soon have a mother again. The question is which one.

On Wednesday, a judge will hear a custody petition by one of nine women who have each claimed him as her son.

Although he has recovered from his injuries, the infant has remained hospitalized in this eastern Sri Lankan town because of the uncertainty of his mother's identity.

"This baby has gone through enough trouble, time has now come for him to go home," said H.M.P. Herath, a police inspector involved in the case.

The boy is known as "Baby 81" because he was the 81st person to be admitted to the Kalmunai hospital on the day the tsunami swept across southern Asia, killing more than 100,000 people.

But Jenita Jeyarajah, 25, and her husband Murugupillai say his real name is Abilass and that he was two months old at the time. According to Jenita, the waves ripped him from her arms as they crashed against her beach-front house.

Her husband says he is confident he will get back his child, even though he has no records to prove the child is his. The couple says they lost their family documents to the tsunami.

"I believe in God, and I am sure my baby will be given to me," said Jeyarajah, 31, a barber by profession.

Hospital officials say nine women claimed the baby in the days after the tragedy when parents were frantically searching for missing children.

But only the Jeyarajahs filed for custody with the court. The other women have not pursued the matter legally, police and hospital officials say.

On Jan. 12, a court ordered the hospital to give the baby to the Jeyarajahs until his parentage could be determined. But doctors refused to comply, arguing that the child still needed medical attention.

The court is to convene again Wednesday and may order a DNA test (search) — an expensive procedure in the poor region.

The case is to be heard by a single judge, M.P. Mohaideen, with no jury.

On Tuesday, some of the 82 nurses at the hospital who have kept a 24-hour vigil at his crib visited the baby to say goodbye.

"We are praying that he is handed over to the right parents," said nurse S. Rajeswari. "At the same time I don't want to leave the baby. I will be very sad when he goes."

There are six other infants in the ward, all of them being cared for by their mothers.

"He is the only one who is alone," Rajeswari said.

Jeyarajah is allowed to visit the boy twice a week, on the condition she not lift him from his crib.

"It's like visiting a prisoner," she said earlier in her ordeal.

Baby 81 was found caked in mud among dead bodies and debris about nine hours after the tsunami slammed into Sri Lanka's eastern shore, witnesses said.

The coastal Ampara district (search), where Kalmunai is located, reported more than 10,000 deaths in the tsunami — about a third of Sri Lanka's total.

zahncrelnik
02-01-2005, 10:52 AM
To be fair to all of the women who tried to claim Baby 81
they should order DNA testing to find the mother.

Judith
02-01-2005, 10:54 AM
From the article:


The court is to convene again Wednesday and may order a DNA test (search) — an expensive procedure in the poor region.

Twich
02-01-2005, 10:55 AM
I think so too. For the rest of their lives those nine families will wonder if they truly lost their babies...or if their baby is living with someone else. That's heartbreaking.

And he has 9 families that want him. That's a wonderful thing. Poor baby. I hope his real parents are in the group and not that he's an orphan that has no one. That will make this process much much more difficult. :(

scrape_medic
02-01-2005, 10:56 AM
but if the DNA shows that none of them are the parents, and now they don't wnat to take him home...he then becomes an orphan.....

Though I do think it strange to use DNA testing to identify the dead, but not the living.

Judith
02-01-2005, 10:57 AM
I feel bad for everyone involved. But I hope once the judge rules it sticks. Kid's been through enough...I hope he doesn't end up going through multiple custody battles.

zahncrelnik
02-01-2005, 11:14 AM
If the DNA shows that none of them are the parents
the judge should have investigations done to find
the best parents for the baby. Like a regular adoption.

kechara420
02-01-2005, 12:14 PM
Of course, DNA testing the nine families would be the ideal solution. Problem is, DNA testing would probably be expensive as he!!, and who's gonna pay for it? The nine families sure as heck don't have the money, and the government has about a million more pressing things to spend very limited resources on.

If the other eight families haven't filed with the court, then they must not be as confident that the baby is theirs. I say give the child to the Jeyarajahs, who *have* filed for custody--espcially if no one else sues for custody. That way he'll have a home and parents who love him.

Europa
02-01-2005, 12:33 PM
Though I do think it strange to use DNA testing to identify the dead, but not the living.
EXACTLY! With as all the attention this story has gotten one of the organizations helping identify the dead via DNA can't spare a couple of swabs and test tubes to identify this baby's parentage?! Come on! This shouldn't have gone on this long. (I'm actually surprised at this point that a wealthy publicity seeker hasn't step forward willing to pay for the testing.)

Test Mrs. Jeyarajah first. If it turns out she's not the biological mom then go down the list of the other eight women. If none is the parent then place the child for domestic adoption. I know this is a poor region with limited resources, etc. but this needs to be resolved quickly and efficiently - for everyone's benefit.

Nicola
02-01-2005, 01:05 PM
Difficult situation. All these people are mourning the loss of a child, and perhaps in this group of nine couples one set are the biological parents.

But .... unless they have the financial resources to have the DNA testing, it is going to be the judges best guess as to who are the biological parents.

Still sometimes it is better not to know. What happens if none of the couples are his biological parents? Then what?

What happens to baby 81 then? Do the potential parents immediately become unimportant in the case? Do they lose interest in parenting the child because he is not their biological son?

In this case it might be better for the judge to make a ruling and avoid the DNA testing. Even if the child is not biologically connected - in this situation socially assigned parentage would be indistinguishable from biological. (P.S. don't want to start talking about heritary diseases or anything here... talking about social acceptance.)

Mind you, it would be horrific if the child was assigned to the wrong set of parents.

Difficult situation. Glad I am not the judge in this case.

zahncrelnik
02-02-2005, 11:42 AM
The judge ruled today. He ordered the DNA testing.


The Associated Press
Updated: 11:02 a.m. ET Feb. 2, 2005

KALMUNAI, Sri Lanka - A judge’s ruling Wednesday that a couple must undergo a DNA test to prove they are the parents of the tsunami survivor known as “Baby 81” sparked chaos in a hospital pediatric ward after a surging crowd and the would-be parents burst in and pleaded with doctors to release the infant.

for more : http://www.msnbc.msn.com/id/6897592/

scrape_medic
02-02-2005, 12:18 PM
Now you would think that they would be happy to finally resolve that this is their child.....unless....?

Twich
02-02-2005, 12:54 PM
Well, the judge ruled they could only see the baby once a week, and then not to touch him. THAT would drive me crazy if it were my son. Especially after thinking he was gone and going through the tragedy of the Tsunami. Destruction everywhere...and then finding out your son was alive. And the DNA tests will take another eight weeks. So eight more weeks before there's closure.

That's why they were crying I think. It was the first time since the Tsunami that they got to hold him. :(

BrowderChick
02-02-2005, 01:20 PM
I feel that the DNA tests should determine who the child belongs to. If none of them pan out then I think the couple that did file with the court should have first option to adopt him.

Europa
02-03-2005, 03:26 PM
Now you would think that they would be happy to finally resolve that this is their child.....unless....?
My thoughts too.

A quote from the MSNBC article:
“Maybe the couple is not lying, but the only way to make sure 100 percent is to have a DNA test,” said Dr. K. Muhunthan, an obstetrician at the hospital. “We cannot give away orphans first-come, first-served. We must be neutral.”

Amen. Thank you Dr. Muhunthan.

waltersgirl
02-03-2005, 03:32 PM
The court is to convene again Wednesday and may order a DNA test

may order? why is there a "may" in that sentence? why is there even a question about doing a DNA test? good lord.

AgentSun
02-03-2005, 07:15 PM
DNA tests are extremely expensive. if you can't pay for something like that, then you're going to try to scrape up the funds to do so. but these people have probably lost their property and belongings, so there is literally nothing to scrape up.

BrowderChick
02-03-2005, 07:17 PM
They are doing DNA testing for the dead... why not take one and do it for this child.

scrape_medic
02-03-2005, 07:44 PM
Wth all the money thats been donated I am sure they can find the £800 to do the DNA

Kurt_eh
02-14-2005, 03:33 PM
C B C . C A N e w s - F u l l S t o r y :
--------------------------------------------------------------------------------


DNA tests confirm parents of 'Baby 81'
Last Updated Mon, 14 Feb 2005 14:47:43 EST
CBC News
KALMUNAI, SRI LANKA - DNA tests have confirmed that "Baby 81" – an infant who survived the Dec. 26 tsunami – belongs to a couple who fought for custody of the child.

The test results end eight weeks of uncertainty surrounding the three-month-old boy, who had been at the centre of a custody battle after eight other couples also claimed they were the boy's parents.


Tsunami survivor infant dubbed "Baby 81" in Colombo, Sri Lanka. (AP photo)

FROM FEB. 2, 2005: Couple arrested in melee over tsunami survivor baby

Despite the claims from other couples, only Murugupillai and Jenta Jeyarajah followed through to file a formal claim and provide DNA samples.

"I am so happy, and I only have to thank God for giving my child back," the boy's father, Murugupillai Jeyarajah, said. "We've got the results for all our hardships."

The infant will be reunited with his parents in court on Wednesday. The Jeyarajahs say the child's name is Abilass, and that he was born Oct. 19.

The couple said the baby was swept out of the mother's arms by the tsunami, which destroyed their home and records proving they were his parents.

The infant was the 81st admission to hospital in Kalmunai, after the tsunami.

The court had ruled that the boy must remain in the hospital in Kalmunai, located 300 kilometres east of Sri Lanka's capital, Colombo, until DNA tests could confirm his parentage.

Following that decision, the Jeyarajahs were arrested after trying to take the infant from hospital where he was being kept.


http://www.cbc.ca/story/world/national/2005/02/14/tsunami-baby050214.html
Copyright ©2005 Canadian Broadcasting Corporation - All Rights Reserved

Nicola
02-14-2005, 04:02 PM
What a relief! I was really worried that none of the prospective parents would be the parents.

At least Baby 81 has a happy ending.

AgentSun
02-14-2005, 07:22 PM
i'm glad the kid has been returned to his parents.