Surrender Little Boy to Court Crnnts Foster Parents Temporary Custody Pending Adoption Proceedings CHICAGO, Aug., 9 -- (UP) -Martha -Martha and Otto Horst today were given temporary custody of their 31-months old foster son, Donald, by County Judge Edmund K. Jarecki, Jarecki, who ruled they must first prove their fitness as "parents" before the custody would hecome permanent. the time to The iced tea, and the on Spain, Spanish which great the has enemy were the attacked CHICAGO, Aug. 9---(UP)--The delay of court procedure became the principal obstacle today to hopes of Otto and Martha Horst for immediate return of their 31- month old foster son, Donald, seized seized from thani last week by his parents. Lydia Regan, real mother of the wide-eyed youngster, signed over legal adoption rights to the Horsts, who nurtured him from birth. Otto Horst, moderately well-to- do, was ready to "spend every cent I nave to get him back." The Horsts retained Assistant Attorney General John E. Johnson, Johnson, with instructions to file- adoption adoption papers immediately and seek a habeas corpus writ for his release release from St. Vincent's orphanage. orphanage. But, court procedure threatened delay. County Judge Edmund K. Jar- ecM, expected to receive the Horsts' petition, said he would require require a full investigation before awarding custody of the child. He said the investigation would cover the past life of both the rea and foster parents. It would include: include: Admission of Lydia Regan thai she now is living with John Regan father of the child, although she never was divorced from Joseph Lavin. Horst's connection, until recently recently was with a small downtown hotel raided many times by police vice squads. John and Lydia Regan gave their consent to adoption of Donald b the Horsts In a conference witl Johnson Saturday. "We think he will have a bette: home with the Horsts than we give him," Lydia Regan explainei tearfully. She fainted after signing the papers. Having obtained the real parents approval of adoption and retaine counsel to press their claim, th Horsts' made a fruitless trip ti Bass Lake, near Knox, Ind., ti plead -with Judge Jarecki for a; immediate writ for Donald's re lease. The Judge explained h could not act without formal cour jurisdiction. The Horsts returned to Chicag and secluded themselves in downtown hotel to await the neces sary court action. "We won't go home until we him," Mrs. Horst said. "I'll kil myself If something else shoul happen and we wouldn't be able have him."