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Eleanor P. v. State Department of Social Services (In re Adoption of M.S.)

Court of Appeal of California
181 Cal. App. 4th 50, 103 Cal. Rptr. 3d 715 (2010)


Eleanor P. and Martin S. (plaintiffs) were residents of California. The plaintiffs traveled to Ukraine and adopted a Ukrainian girl, M. S., through an adoption decree issued by a Ukrainian court. The plaintiffs did not readopt M. S. under California law when the plaintiffs returned with M. S. to California. M. S. was diagnosed with spastic cerebral palsy and other developmental disabilities. The plaintiffs filed a petition in Yolo County Superior Court to vacate the adoption under a California law that permitted the vacation of adoptions in certain circumstances. The law provided that any such petition could be filed with the court that granted the adoption petition. California’s State Department of Social Services filed an opposition to the petition. The superior court denied the plaintiffs’ petition for lack of jurisdiction. The plaintiffs appealed.

Rule of Law


Holding and Reasoning (Sims, J.)

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