Eleanor P. v. State Department of Social Services (In re Adoption of M.S.)
Court of Appeal of California
181 Cal. App. 4th 50 (2010)
Eleanor P. and Martin S. (plaintiffs), California residents, adopted a Ukrainian child, M.S., through a decree issued by a Ukrainian court, without later readopting her under California law once they returned home; after M.S. was diagnosed with cerebral palsy and other developmental disabilities, the couple petitioned a California superior court to vacate the adoption under a state law permitting adoption vacatur in certain circumstances, which specified that such petitions be filed with the court that granted the adoption. The state's Department of Social Services (defendant) opposed, and the superior court denied the petition for lack of jurisdiction; the plaintiffs appealed.
Whether a state court may set aside an adoption decree that was not issued by that court.