This section contains the nature of the case and procedural background.

Ps began the process to adopt a foreign-born child. Ps engaged a California lawyer and a private California adoption agency, Heartsent Adoptions, Inc. (Heartsent), which was licensed by the Department to provide noncustodial intercountry adoption services. Ps spent several weeks in Ukraine and by decree of a Ukrainian court, Ps adopted M.S., a three-year-old Ukrainian girl. The decree stated that M.S. is almost healthy though psychologically delayed.” A hospital record says the mother has epilepsy. Ps believed M.S. was healthy and were not aware of her medical background information until after the adoption was finalized, and the documents were not translated for them until after the adoption was completed. In California, health care professionals diagnosed her with spastic cerebral palsy, reactive attachment disorder, oppositional defiance disorder, moderate mental retardation, global developmental delay, ataxia, fetal alcohol syndrome or effect, microcephaly, and posttraumatic stress disorder. Ps assert M.S. cannot live in a normal home environment, is unadoptable, and has been living in intensive foster care placement in Arizona since 2005. Ps filed a motion under section 9100” to set the adoption aside. The Department (D) argued section 9100 is inapplicable to intercountry adoptions. The court denied the petition, and Ps appealed.

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