109.305 Interpretation of adoption laws; agreement for continuing contact.
1. The rule that statutes in derogation of common law are to be strictly construed does not apply to the adoption laws of this state.
2. Nothing in the adoption laws of this state shall be construed to prevent the adoptive parents, the birth parents and the child from entering into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or the adoptive parents. As used in this subsection, " birth relatives" includes birth parents, grandparents, siblings and other members of the child's birth family.
3. Failure to comply with the terms of an agreement made under subsection (2) of this section is not grounds for setting aside an adoption decree or revocation of a written consent to an adoption.
4. (a) An agreement made under subsection (2) of this section may be enforced by a civil action. However, before a court may enter an order requiring compliance with the agreement, the court must find that the party seeking enforcement participated, or attempted to participate, in good faith in mediating the dispute giving rise to the action prior to filing the civil action.
(b) The court may modify an agreement made under subsection (2) of this section if the court finds that the modification is necessary to serve the best interests of the adopted child, that the party seeking modification participated, or attempted to participate, in good faith in mediation prior to seeking modification of the agreement and that:
1. The modification is agreed to by all parties to the original agreement; or
2. Exceptional circumstances have arisen since the parties entered into the agreement that justify modification of the agreement. <1957 c.710 s15; subsections (2), (3) and (4) enacted as 1993 c.401 s1>
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