The adoptive parents of Jordan Wolford sued the adoption agency, alleging that Jordan had FAS and that the agency repeatedly lied to or misled them about Jordan's condition.

Specifically, the Wolford's alleged that employees of the adoption agency (1) falsely told them Jordan's mother had not consumed alcohol during her pregnancy, (2) falsely told them Jordan had been at the Shawnee Hills Intervention Program for reasons other than FAS, and (3) falsely assured them that Jordan's unusual facial features were merely a "familial look."

The district judge concluded that West Virginia law, like law in other states, would permit a lawsuit for "wrongful adoption." 17 F. Supp. 2d at 580-84. The court also concluded that the lawsuit was not necessarily barred by the statute of limitations, because there was a dispute regarding when the parents should have discovered that Jordan had FAS.

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