Legal Opinion

Eleonor P. v. State Department of Social Services

California Court of Appeal

Decided January 19, 2010No. C060992Published

1Opinion of the Court

Opinion

SIMS, J.

—This is a tragic case in which there can be no good ending for anyone.

Appellants Eleanor P. and Martin S. appeal from an order denying their petition to set aside their Ukrainian adoption of a Ukrainian girl, M.S. The petition was opposed by the State Department of Social Services (the Department or DSS). Appellants contend the trial court erred in construing *53Family Code section 9100,1 which authorizes the court to vacate adoptions, as inapplicable to an “intercountry adoption” completed in Ukraine.2

This is a case with equities on both sides. However, when we apply the…

2Cases cited9 opinions

  1. Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
  2. Badie v. Bank of AmericaCalifornia Court of Appeal · 1998
  3. Morillion v. Royal Packing Co.California Supreme Court · 2000
  4. People v. CruzCalifornia Supreme Court · 1974
  5. Estate of LundCalifornia Supreme Court · 1945

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