STATES WITH MORE COMPREHENSIVE LAWS ON POST-ADOPTION CONTACT

(a) A person desiring to adopt a child may for that purpose file a petition in the county in which the petitioner resides. Where a child has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, and has thereafter been freed for adoption by the juvenile court, the petition may be filed either in the county where the petitioner resides or in the county where the child was freed for adoption.

(b) The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.

(c) The caption of the adoption petition shall contain the names of the petitioners, but not the child's name. The petition shall state the child's sex and date of birth. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency.

(d) If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.

(e) The order of adoption shall contain the child's adopted name, but not the name the child had before adoption.

8714.5.

(a) The Legislature finds and declares the following:

(1) It is the intent of the Legislature to expedite legal permanency for children who cannot return to their parents and to remove barriers to adoption by relatives of children who are already in the dependency system or who are at risk of entering the dependency system.

(2) This goal will be achieved by empowering families, including extended families, to care for their own children safely and permanently whenever possible, by preserving existing family relationships, thereby causing the least amount of disruption to the child and the family, and by recognizing the importance of sibling and half-sibling relationships.

(b) A relative desiring to adopt a child may for that purpose file a petition in the county in which the petitioner resides. Where a child has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, and thereafter has been freed for adoption by the juvenile court, the petition may be filed either in the county where the petitioner resides or in the county where the child was freed for adoption.

(c) Upon the filing of a petition for adoption by a relative, the county clerk shall immediately notify the State Department of Social Services in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.

(d) If the adopting relative has entered into a kinship adoption agreement with the birth parent as set forth in Section 8714.7, the kinship adoption agreement, signed by the parties to the agreement, shall be attached to and filed with the petition for adoption under subdivision (b).

(e) The caption of the adoption petition shall contain the name of the relative petitioner. The petition shall state the child's name, sex, and date of birth.

(f) If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioner shall notify the court of any petition for adoption. The guardianship proceeding shall be consolidated with the adoption proceeding.

(g) The order of adoption shall contain the child's adopted name and, if requested by the adopting relative, or if requested by the child who is 12 years of age or older, the name the child had before adoption.

8714.7.

(a) Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents, and the child from entering into a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents, and the child if the agreement is found by the court to be in the best interests of the child at the time the adoption petition is granted. The terms of any kinship adoption agreement executed under this section shall be limited to, but need not include, all of the following:

(1) Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings.

(2) Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both.

(3) Provisions for the sharing of information about the child in the future.

(b) At the time an adoption decree is entered pursuant to a petition filed under Section 8714.5, the court entering the decree may grant Post-Adoption privileges when an agreement for those privileges has been entered into pursuant to subdivision (a).

(c) This section is applicable only to kinship adoption agreements in which the adopting parent is a relative of the child or a relative to the child's half-sibling and the adoption petition is filed under Section 8714.5. For purposes of this section and Section 8714.5, "relative" means an adult who is related to the child or the child's half sibling by blood or affinity, including all relatives whose status is preceded by the words "step," "great," "great-great," or "grand," or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.

(d) The child who is the subject of the adoption petition shall be considered a party to the kinship adoption agreement. The written consent to the terms and conditions of the kinship adoption agreement and any subsequent modifications of the agreement by a child who is 12 years of age and older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the kinship adoption agreement.

(e) A kinship adoption agreement shall contain the following warnings in bold type:

(1) After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, or the child to follow the terms of this agreement or a later change to this agreement.

(2) A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.

(3) A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.

(f) Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the kinship adoption agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the court's decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by such inquiry and that the inquiry will not disturb the stability of the child's home to the detriment of the child.

(g) The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (f) of this section.

(h) A kinship adoption agreement may be modified or terminated only if either of the following occurs:

(1) All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified kinship adoption agreement and the agreement is filed with the court that granted the petition of adoption.

(2) The court finds all of the following:

(A) The termination or modification is necessary to serve the best interests of the child.

(B) There has been a substantial change of circumstances since the original agreement was executed and approved by the court.

(C) The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification. Documentary evidence or offers of proof may serve as the basis for the court's decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by such inquiry and that the inquiry will not disturb the stability of the child's home to the detriment of the child.

(i) All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing kinship adoption agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.

(j) By July 1, 1998, the Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify kinship adoption agreements.

(k) The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, or the child to comply with any or all of the original terms of, or subsequent modifications to, the kinship adoption agreement.

FLORIDA

S 1212 GENERAL BILL by Rossin (Similar CS/H 0585)

Adoption of Foster Children; allows communication or contact between foster child & specified persons after termination of parental rights; provides for continuing post-adoption contact & communication between

foster child & specified persons; provides that foster child subject to petition for adoption has right to continued communication or contact with siblings, etc.S 1212.

63.0427 Adopted minor's right to continued communication or contact with siblings.--

(1) A child whose parents have had their parental rights terminated and whose custody has been awarded to the department pursuant to 1s. 39.469, and who is the subject of a petition for adoption under this chapter, shall have the right to have the court consider the appropriateness of postadoption communication or contact, including, but not limited to, visits, letters, cards, or telephone calls, with his or her siblings who are not included in the petition for adoption. The court shall determine if the best interests of the child support such continued communication or contact and shall consider the following in making such determination:

(a) Any orders of the court pursuant to 2s. 39.469(7).

(b) Recommendations of the department, the foster parents if other than the adoptive parents and the guardian ad litem

(d) Any other information deemed relevant and material by the court.

If the court determines that the child's best interests will be served by postadoption communication or contact with any sibling, the court shall so order, stating the nature and frequency for the communication or contact. This order shall be made part of the final adoption order, but in no event shall continuing validity of the adoption be contingent upon such post adoption communication or contact, nor shall the ability of the adoptive parents and child to change residence within or outside the State of Florida be impaired by such communication or contact.

(2) Notwithstanding the provisions of s. 63.162, the adoptive parent may petition for review at any time of sibling communication or contact ordered pursuant to subsection (1), if the adoptive parent believes that the best interests of the child are being compromised, and the court shall have the authority to order the communication or contact to be terminated, or to order such conditions in regard to communication or contact as the court deems to be in the best interest of the adopted child. As part of the review process, the court may order the parties to engage in mediation. The department shall not be required to be a party to such review.

History.--s. 3, ch. 98-50.

1Note.--Transferred to s. 39.811 by s, 93, ch. 98-403.

2Note.--Transferred to s. 39.811(7) by s. 93, ch. 98-403.

INDIANA

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.

(a) 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.

(b) 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.

(c) 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.

(d) The court may not award monetary damages as a result of the filing of a petition under subsection (d).

(e) 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.

(f) 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.

(g) 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.

MINNESOTA

S.F No. 813, 3rd Engrossment: 80th Legislative Session (1997-1998)

Sec. 3. [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.]

If an adoptee has resided with a birth relative before being adopted, adoptive parents and that relative may enter an agreement under this section regarding communication with or contact between a minor adoptee, adoptive parents, and a birth relative. For purposes of this section, "birth relative" means a parent, stepparent, grandparent, brother, sister, uncle, or aunt of a minor adoptee. This relationship may be by blood or marriage. For an Indian child, birth relative includes members of the extended family as defined by the law or custom of the Indian child's tribe or, in the absence of laws or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child Welfare Act, United States Code, title 25, section 1903.

(a) An agreement regarding communication with or contact between minor adoptees, adoptive parents, and a birth relative is not legally enforceable unless the terms of the agreement are contained in a written court order entered in accordance with this section. An order must be sought at the same time a petition for adoption is filed. The court shall not enter a proposed order unless the terms of the order have been approved in writing by the prospective adoptive parents, a birth relative who desires to be a party to the agreement, and, if the child is in the custody of an agency, a representative of the agency. An agreement under this section need not disclose the identity of the parties to be legally enforceable. The court shall not enter a proposed order unless the court finds that the communication or contact between the minor adoptee, the adoptive parents, and a birth relative as agreed upon and contained in the proposed order would be in the minor adoptee's best interests.

(b) Failure to comply with the terms of an agreed order regarding communication or contact that has been entered by the court under this section is not grounds for:

(1) setting aside an adoption decree; or

(2) revocation of a written consent to an adoption after that consent has become irrevocable.

(c) An agreed order entered under this section may be enforced by filing a petition or motion with the family court that includes a certified copy of the order granting the communication, contact, or visitation, but only if the petition or motion is accompanied by an affidavit that the parties have mediated or attempted to mediate any dispute under the agreement or that the parties agree to a proposed modification. The prevailing party may be awarded reasonable attorney's fees and costs. The court shall not modify an agreed order under this section unless it finds that the modification is necessary to serve the best interests of the minor adoptee, and:

(1) the modification is agreed to by the adoptive parent and the birth parent or parents; or

(2) exceptional circumstances have arisen since the agreed order was entered that justify modification of the order.

NEBRASKA

Law 43-162

Chapter 43. Infants. Communication or contact agreement; authorized; approval.

The prospective adoptive parent or parents and the birth parent or parents of a prospective adoptee may enter into an agreement regarding communication or contact after the adoption between or among the prospective adoptee and his or her birth parent or parents if the prospective adoptee is in the custody of the Department of Health and Human Services. Any such agreement shall not be enforceable unless approved by the county court pursuant to section 43-163.

Law 43-163

Chapter 43. Infants. Guardian ad litem; appointment; order approving agreement;

considerations.

(a) Before approving an agreement under section 43-162, the county court shall appoint a guardian ad litem if the prospective adoptee is not already represented by a guardian ad litem, and the guardian ad litem of the prospective adoptee shall represent the best interests of the child concerning such agreement. The county court may enter an order approving the agreement upon motion of one of the prospective adoptee's birth parents or one of the prospective adoptive parents if the terms of the agreement are approved in writing by the prospective adoptive parent or parents and the birth parent or parents and if the court finds, after consideration of the recommendations of the guardian ad litem and the Department of Health and Human Services and other factors, that such communication with the birth parent or parents and the maintenance of birth family history would be in the best interests of the prospective adoptee.

(b) In determining if the agreement is in the best interests of the prospective adoptee, the county court shall consider the following factors as favoring communication with the birth parent or parents: Whether the prospective adoptee and birth parent or parents lived together for a substantial period of time; the prospective adoptee exhibits attachment or bonding to such birth parent or parents; and the adoption is a foster-parent adoption with the birth parent or parents having relinquished the prospective adoptee due to an inability to provide him or her with adequate parenting.

Law 43-165

Chapter 43. Infants. Enforcement of order; modification; when.

An order entered pursuant to section 43-163 may be enforced by a civil action, and the prevailing party may be awarded, as part of the costs of the action, reasonable attorney's fees. The court shall not modify an order issued under such section unless it finds that the modification is necessary to serve the best interests of the adoptee and (1) that the modification is agreed to by the adoptive parent or parents and the birth parent or parents or

(2) exceptional circumstances have arisen since the order was entered that justify modification of the order.

NEW MEXICO

New Mexico Statutes Annotated

Chapter 32A Children's Code (1997 Supp.)

Chapter 32A, Article 5 Adoptions (1996 Supp.)

32A-5-35 Open adoptions (1995 Repl.)

32A-5-35. Open adoptions.

(a)The parents of the adoptee and the petitioner may agree to contact between the parents and the petitioner or contact between the adoptee and one or more of the parents or contact between the adoptee and relatives of the parents. An agreement shall, absent a finding to the contrary, be presumed to be in the best interests of the child and shall be included in the decree of adoption. The contact may include exchange of identifying or non-identifying information or visitation between the parents or the parents' relatives and the petitioner or visitation between the parents or the parents' relatives and the adoptee.

(b)The court may appoint a guardian ad litem for the adoptee. The court shall appoint a guardian ad litem for the adoptee when visitation between the biological family and the adoptee is contemplated. In all adoptions other than those in which the child is placed by the department, the court may assess the parties for the cost of services rendered by the guardian ad litem.

(c)In determining whether the agreement is in the adoptee's best interests, the court shall consider the adoptee's wishes, but the wishes of the adoptee shall not control the court's findings as to the best interests of the adoptee.

(d) Every agreement entered into pursuant to provisions of this section shall contain a clause stating that the parties agree to the continuing jurisdiction of the court and to the agreement and understand and intend that any disagreement or litigation regarding the terms of the agreement shall not affect the validity of the relinquishment of parental rights, the adoption or the custody of the adoptee.

(e) The court shall retain jurisdiction after the decree of adoption is entered for the purpose of hearing motions brought to enforce or modify an agreement entered into pursuant to the provisions of this section. The court shall not grant a request to modify the agreement unless the moving party establishes that there has been a change of circumstances and the agreement is no longer in the adoptee's best interests.

Section 1. Section 40-9-2 NMSA 1978 (being Laws 1993,

Chapter 93, Section 3) is amended to read:

"40-9-2. CHILDREN--VISITATION BY GRANDPARENT--PETITION--MEDIATION.--

(a) In rendering a judgment of dissolution of marriage, legal separation or the existence of the parent and child relationship pursuant to the provisions of the Uniform Parentage Act, or at any time after the entry of the judgment, the district court may grant reasonable visitation privileges to a grandparent of a minor child, not in conflict with the child's education or prior established visitation or time-sharing privileges.

(b) If one or both parents of a minor child are deceased, any grandparent of the minor child may petition the district court for visitation privileges with respect to the minor. The district court may order temporary visitation privileges until a final order regarding visitation privileges is issued by the court.

(c) If a minor child resided with a grandparent for a period of at least three months and the child was less than six years of age at the beginning of the three-month period and the child was subsequently removed from the grandparent's home by the child's parent or any other person, the grandparent may petition the district court for visitation privileges with respect to the child, if the child's home state is New Mexico, as provided in the Child Custody Jurisdiction Act.

(d) If a minor child resided with a grandparent for a period of at least six months and the child was six years of age or older at the beginning of the six-month period and the child was subsequently removed from the grandparent's home by the child's parent or any other person, the grandparent may petition the district court for visitation privileges with respect to the child, if the child's home state is New Mexico, as provided in the Child Custody Jurisdiction Act.

(e) A biological grandparent may petition the district court for visitation privileges with respect to a grandchild when the grandchild has been adopted or adoption is sought, pursuant to the provisions of the Adoption Act, by:

(1) a stepparent;

(2) a relative of the grandchild;

(3) a person designated to care for the grandchild in the provisions of a deceased parent's will; or

(4) a person who sponsored the grandchild at a baptism or confirmation conducted by a recognized religious organization.

(f) When a minor child is adopted by a stepparent and the parental rights of the natural parent terminate or are relinquished, the biological grandparents are not precluded from attempting to establish visitation privileges. When a petition filed pursuant to the provisions of the Grandparent's Visitation Privileges Act is filed during the pendency of an adoption proceeding, the petition ds hall be filed as part of the adoption proceedings. The provisions of the Grandparent's Visitation Privileges Act shall have no application in the event of a relinquishment or termination of parental rights incases of other statutory adoption proceedings.

(g) When considering a grandparent's petition for visitation privileges with a child, the district court shall assess:

(1) the best interests of the child;

(2) the prior interaction between the grandparent and the child;

(3) the prior interaction of the grandparent and each parent of the child;

(4) the present relationship between the grandparent and each parent of the child; [and]

(5) time-sharing or visitation arrangements that were in place prior to filing of the petition;

(6) the amount of time that may have elapsed since the child last had contact with the grandparent

(7) the effect the visitation with the grandparent will have on the relationship between the child and the child's parent or the person with whom the child resides;

(8) any history of physical, emotional or sexual abuse or neglect by the grandparent;

(9) the good faith of the grandparent in filing the application; and

(10) other factors relevant to the best interests of the child.

(h) It shall be prima facie evidence that visitation is in the child's best interest if in the past the

grandparent had been a full-time caretaker for the child.

(i)The district court may order mediation and evaluation in any matter when a grandparent's visitation privileges with respect to a minor child are at issue. When a judicial district has established a domestic relations mediation program pursuant to the provisions of the Domestic Relations Mediation Act, the mediation shall conform with the

provisions of that act. Upon motion and hearing, the district court shall act promptly on the recommendations set forth in a

mediation report and consider assessment of mediation and evaluation to the parties. The district court may order

temporary visitation privileges until a final order regarding visitation privileges is issued by the court.

(j) When the district court decides that visitation is not in the best interest of the child, the court may issue an order requiring other reasonable contact between the grandparent and the child, including regular communication by telephone, mail or any other reasonable means.

(k) The provisions of the Child Custody Jurisdiction Act and Section 30-4-4 NMSA 1978, regarding custodial interference, are applicable to the provisions of the Grandparent's Visitation Privileges Act."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.

NEW YORK

NY Soc. Serv. Law 383-C

(3)(b) The judge or surrogate also hall the parent of then consequences of such surrender, including informing such parents that the parent is giving up all rights to have custody, visit with, speak with, write to or learn about the child, forever, unless the parties have agreed to different terms pursuant to subdivision (2) of this section, or if the parent registers with the adoption information register... that the parent may be contacted at any time after the child reaches the age of eighteen years, but only if the parent and adult so choose.

OHIO

Ohio Rev. Code Ann. Sec. 3107.65 (1993).

General Assembly: 121.

Bill Number: Sub. House Bill 274

Effective Date: 09/18/96

(a) No open adoption shall do any of the following:

(1) Provide for the birth parent to share with the prospective adoptive parent parental control and authority over the child placed for adoption or in any manner limit the adoptive parent's full parental control and authority over the adopted child;

(2) Deny the adoptive parent or child access to forms pertaining to the social or medical histories of the birth parent if the adoptive parent or child is entitled to them under section 3107.17 of the Revised Code;

(3) Deny the adoptive parent or child access to a copy of the contents of the child's adoption file if the adoptive parent or child is entitled to them under section 3107.47 of the Revised Code;

(4) Deny the adoptive parent, child, birth parent, birth sibling, or other relative access to nonidentifying information that is accessible pursuant to section 3107.66 of the Revised Code or to materials, photographs, or information that is accessible pursuant to section 3107.68 of the Revised Code;

(5) Provide for the open adoption to be binding or enforceable.

(b) A probate court may not refuse to approve a proposed placement pursuant to division (D)(1) of section 5103.16. of the Revised Code or to issue a final decree of adoption or interlocutory order of adoption under section 3107.14. of the Revised Code on the grounds that the birth parent and prospective adoptive parent have entered into an open adoption unless the court issues a finding that the terms of the open adoption violate division (A) of this section or are not in the best interest of the child. A probate court may not issue a final decree of adoption or interlocutory order of adoption that nullifies or alters the terms of an open adoption unless the court issues a finding that the terms violate division (A) of this section or are not in the best interest of the child.

(c) Subject to divisions (A) and (B) of this section, an open adoption may provide for the exchange of any information, including identifying information, and have any other terms. All terms of an open adoption are voluntary and any person who has entered into an open adoption may withdraw from the open adoption at any time. An open adoption is not enforceable. At the request of a person who has withdrawn from an open adoption, the court with jurisdiction over the adoption shall issue an order barring any other person who was a party to the open adoption from taking any action pursuant to the open adoption.

OREGON

109.305 Interpretation of adoption laws; agreement for continuing contact.

(a)The rule that statutes in derogation of common law are to be strictly construed does not apply to the adoption laws of this state.

(b)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.

(c)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.

(d)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.

(e)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>

RHODE ISLAND

R.I Gen. Laws sec. 15-7-14 (1997).

AN ACT RELATING TO THE ADOPTION OF CHILDREN It is enacted by the General Assembly as follows:

SECTION 1. Chapter 15-7 of the General Laws entitled "ADOPTION OF CHILDREN" is hereby amended by adding thereto the following section:

Decree of open adoption.

(a) At the time an adoption decree is entered, the court entering the decree may, grant postadoption visitation, contact and/or conveyance of information privileges (hereinafter referred to as: "Postadoption privileges") under subsection (b) to a birth parent who has consented to an adoption or voluntarily terminated the parent-child relationship.

(b) A court may grant postadoption privileges if:

(1) The court determines that the best interests of the child would be served by granting postadoption privileges;

(2) The court finds there is a significant emotional attachment between the child and the birth parent;

(3) Each adoptive parent consents to the granting of postadoption privileges;

(4) The adoptive parents and the birth parents execute a postadoption privileges agreement and file the agreement with the court;

(5) The department of children, youth and families and the child's court appointed special advocate or the guardian ad litem if one (1) has been appointed pursuant to Rhode Island general laws section 40-11-12 recommends that the postadoption privileges agreement be approved by the court; or if the adoption petition is being sponsored by a licensed child placing agency other than the department of children, youth, and families, the licensed child placing agency sponsoring the adoption makes a recommendation that the postadoption privileges agreement be approved by the court.

(6) Consent to the postadoption privileges is obtained from the child, if the child is at least twelve (12) years of age; and

(7) The postadoption privileges agreement is approved by the court.

(1) an acknowledgment by the birth parents that the adoption is irrevocable, even if the adoptive parents do not abide by the postadoption privileges agreement.

(2) An acknowledgment by the adoptive parents that the agreement grants the birth parents the right to seek to enforce the postadoption 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 postadoption privileges agreement;

2) to compel a birth parent or adoptive parent to comply with the postadoption privileges 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 postadoption privileges 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 require the voiding or modification 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 shall give notice and an opportunity to be heard to the licensed, child placement agency that sponsored the adoption and to the child's court appointed special advocate (CASA) or court appointed guardian ad litem if one (1) had been appointed prior to the finalization of adoption.

(g) A court may not revoke a decree of adoption because a birth parent or an adoptive parent fails to comply with a postadoption privileges agreement approved by the court under this section.

SECTION 2. This act shall take effect upon passage.

WASHINGTON

Statute 26.33.295. Open adoption agreements - Agreed orders - Enforcement.

(a) Nothing in this chapter shall be construed to prohibit the parties to a proceeding under this chapter from entering into agreements regarding communication with or contact between child adoptees, adoptive parents, and a birth parent or parents.

(b) Agreements regarding communication with or contact between child adoptees, adoptive parents, and a birth parent or parents shall not be legally enforceable unless the terms of the agreement are set forth in a written court order entered in accordance with the provisions of this section. The court shall not enter a proposed order unless the terms of such order have been approved in writing by the prospective adoptive parents, and birth parent whose parental rights have not previously been terminated, and, if the child is in the custody of the department or a licensed child-placing agency, a representative of the department or child-placing agency. If the child is represented by an attorney or guardian ad litem in a proceeding under this chapter or in any other child-custody proceeding, the terms of the proposed also must be approved in writing by the child’s representative. An agreement under this section need not disclose the identity of the parties to be legally enforceable. The shall not enter a proposed order unless the court finds that the communication or contact between the child adoptee, the adoptive parents, and a birth parent or parents as agreed upon and as set forth in the proposed order, would be in the child adoptee’s best interests.

(c) Failure to comply with the terms of an agreed order regarding communication or contact that has been entered by the court pursuant to this section shall not be grounds for setting aside an adoption decree or revocation of a written consent to an adoption after that consent has been approved by the court as provided in this chapter.

(d) An agreed order entered pursuant to this section may be enforced by a civil action and the prevailing party in that actions may be awarded, as part of the costs of the action, a reasonable amount to be fixed by the court as attorneys’ fees. The court shall not modify an agreed order under this section unless it finds that the modification is necessary to serve the best interests of the child adoptee, and that: (a) The modification is agreed to by the adoptive parent and the birth parent or parents; or (b) exceptional circumstances have arisen since the agreed order was entered that justify modification of the order. [1990 c 285 § 4.]

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