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Family Law Keyed to Wadlington
Ann Marie N. v. City and County of San Francisco
Citation:2001 WL 1261958
The child was born with alcohol and cocaine in his system, because his biological mother regularly used cocaine and drank alcohol during her pregnancy. The child was immediately removed from her custody and put up for adoption. Ann Marie was a social worker and began the adoption process for Mathew. In doing so, she filled out a questionnaire in which she indicated she did not want to adopt a child with a “blood disorder.” She was aware that Mathew’s mother had used alcohol and drugs during her pregnancy but was not aware of the mother’s involvement in prostitution. Seven years after she adopted the child, a social worker called Ann Marie and told her the child’s birth mother had died of AIDS. She took the child to a clinic for testing and learned he was HIV positive. She sued the city for intentional misrepresentation of fact, intentional concealment, and negligence.
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