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Anna Mae was born in 1999 shortly after her father, a student at the University of Memphis, was accused of a sexual assault. He was ultimately acquitted, but the charge cost him a scholarship and the student stipend that was his family's primary source of income.

The Hes said they sent Anna Mae to live with the Bakers temporarily when she was about a month old because of their legal and financial hardships. But the Bakers refused to give Anna Mae up.

In its ruling, the Tennessee Supreme Court said the evidence overwhelmingly shows that the Hes gave up Anna Mae "as a temporary measure to provide health insurance" for her, "with the full intent that custody would be returned."

The justices returned the dispute to the courts in Memphis to work out a plan to reunite the child with her biological parents.

The Hes, who have faced deportation throughout the dispute, have said they would return to China, but could not leave Anna Mae behind.

After placing Anna Mae with the Bakers, the Hes initially visited her regularly. But in 2001 the Hes and Bakers got into an argument, the police were called and the Hes were ordered to leave the Baker home. Four months later, the Bakers filed a court petition arguing that the Hes had abandoned their daughter.

In 2004, Judge Robert Childers of Memphis took away the Hes' parental rights, ruling that they had abandoned Anna Mae under Tennessee law by not visiting her for four months.

Child-care experts from several universities argued that Childers was wrong to compare the parenting skills of the Bakers and the Hes or to consider whether Anna Mae would have a better life in suburban America than in China.

The Tennessee Supreme Court agreed that living conditions in China were not relevant.

"Financial advantage and affluent surroundings simply may not be a consideration in determining a custody dispute between a parent and a non-parent," the court wrote.

Bruce Boyer, director of the Loyola University ChildLaw Center in Chicago, said the transition will be difficult for Anna Mae, but she will go from one loving family to another.

"She will carry the impact of it for the rest of her life, but the trauma will be far less than we see with kids who are bounced around the in the foster care system every day," Boyer said.

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