Indiana Code 31-3-1-13
IC 31-3-1-13 Sec. 13. (a) At the time an adoption decree is entered, the court entering the decree may grant post adoption visitation privileges under subsection (b) to a birth parent who has consented to adoption or voluntarily terminated the parent-child relationship.
(b) A court may grant post adoption visitation privileges if:
(1) the court determines that the best interests of the child would be served by granting post adoption visitation privileges;
(2) the child is at least two (2) years of age and the court finds that there is a significant emotional attachment between the child and the birth parent;
(3) each adoptive parent consents to the granting of post adoption visitation privileges;
(4) the adoptive parents and the birth parents execute a post adoption visitation agreement and file the agreement with the court;
(5) the licensed child placing agency sponsoring the adoption and the child's court appointed special advocate or guardian ad litem appointed under IC 31-6-3-4 recommends to the court the post adoption visitation agreement, or if there is no licensed child placing agency sponsoring the adoption, the county office of family and children or other agency that prepared an adoption report under IC 31-3-1-4 is informed of the contents of the post adoption visitation agreement and comments on the agreement in the agency's report to the court;
(6) consent to post adoption visitation is obtained from the child, if the child is at least twelve (12) years of age; and
(7) the post adoption visitation agreement is approved by the court.
(c) A post adoption visitation agreement filed under subsection(b)(4) must contain the following provisions:
(1) An acknowledgment by the birth parents that the adoption is irrevocable, even if the adoptive parents do not abide by the post adoption visitation agreement.
(2) An acknowledgment by the adoptive parents that the agreement grants the birth parents the right to seek to enforce the post adoption privileges set forth in the agreement.
(d) A birth parent or an adoptive parent may file a petition with the court entering the adoption decree for the following purposes:
(1) To modify the post adoption visitation agreement.
(2) To compel a birth parent or an adoptive parent to comply with the post adoption visitation agreement.
(e) The court may not award monetary damages as a result of the filing of a petition under subsection (d).
(f) The court may void or modify a post adoption visitation agreement approved under this section at any time before or after the adoption if the court determines after a hearing that the best interests of the child requires the voiding or modifying of the agreement. Before the court:
(1) voids or modifies an agreement; or
(2) hears a motion to compel compliance with an agreement approved under this section;
the court may appoint a guardian ad litem or court appointed special advocate under IC 31-6-3-4 to represent and protect the best interests of the child.
(g) The provisions of IC 31-6-3-4(d) through IC 31-6-3-4(g) concerning the representation, duties, liabilities, and appointment of a guardian ad litem or court appointed special advocate apply to proceedings under this section.
(h) A court may not revoke a decree of adoption because a birth parent or
an adoptive parent fails to comply with a post adoption visitation agreement approved by a court under this section.
As added by P.L.79-1994, SEC.6.
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