California

Kinship adoption [adopting parent must be a relative of the child or a relative to the child’s half-sibling]

Adopting parent or parents, the birth relatives including the birth parent or parents, and the child; child over 12 years of age must consent

By a preponderance of evidence, in the best interest of the child.

Continuing jurisdiction with the court that granted the adoption petition

Court may not order compliance unless the party seeking enforcement participated or attempted to participate in good faith in mediation or other appropriate dispute resolution proceedings

Adoption cannot be set

aside due to the failure of any party to follow the terms of the agreement

Florida

Adoptions of children in foster care following termination of parental rights

Parents, siblings and other relatives and nonrelatives, including but not limited to former nonrelative custodians and foster parents with whom the child had an established positive emotional attachment prior to termination of parental rights.

Best interest of the child

Court retains jurisdiction to review appropriateness of agreement; may order mediation.

Continuing validity of adoption not contingent on post-adoption contact or communication

Indiana

Adoptions in which the birth parent has consented to the adoption or voluntarily terminated the parent-child relationship; child must be at least 2 years of age

Adoptive parents and birth parents; consent of child if at least 12 years old; licensed child placing agency and the child’s court appointed special advocate or GAL must recommend Post-Adoption contact to the court [if none, the county office of family and children or other agency must recommend it]

Not Addressed

A birth parent or an adoptive parent may file a petition with the court entering the adoption decree to compel the other party to comply with the agreement.

A court may not revoke

a decree of adoption

because a birth parent or an adoptive parent fails to comply with an agreement.

Minnesota

Adoptions in which the child has resided with a "birth relative" [parent, stepparent, grandparent, brother, sister, uncle or aunt of the adoptee] before being adopted; for an Indian child, birth relative includes members of the extended family as defined by the child’s tribe or in the ICWA

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.

Adoptee’s best interest.

The agreement is not legally enforceable unless the terms of the agreement are in a written court order. Order not to be issued unless court finds it is in the child’s best interest.

Agreement may be enforced 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 the parties agree to a proposed modification.

Failure to comply with the terms of an order is not grounds for setting aside an adoption decree or revoking a written consent to an adoption after that consent has become irrevocable.

Nebraska

Adoptions in which the adoptee is in the custody of the Department of Health and Human Services

Adoptive parent or parents and the birth parent or parents; the court must also receive a recommendation from the child’s guardian ad litem and the Department of Health and Human Services regarding whether agreement is in child’s best interest.

Best interest of the child. Statute outlines relevant factors: whether adoptee and birth parent(s) lived together for a substantial period of time; adoptee’s attachment/bonding to birth parent(s); adoption is a foster-parent adoption with birth parent(s) having relinquished custody.

Enforceable by a civil action.

Not addressed.

New Mexico

Any adoption

Parents of the adoptee and any petitioner; the court is required to appoint a guardian ad litem for the adoptee when visitation between the birth family and adoptee is contemplated;

Statute states that an agreement is presumed to be in the child’s best interest. Court may consider wishes of adoptee but is not bound by adoptee’s wishes

The court retains jurisdiction for purpose of hearing motions brought to enforce or modify an agreement.

Note: Pending grandparent visitation.

Any disagreement or litigation regarding the terms of the agreement shall not affect the validity of the relinquishment, the adoption, or the custody of the adoptee.

Oregon

Any adoption

Adoptive parents, child and birth relatives, which include birth parents, grandparents, siblings, and other members of the birth family

Not Addressed.

Agreements may be enforced by a civil action. A court may enter an order requiring compliance only when it finds that the party seeking enforcement participated or attempted to participate in good faith in mediating the dispute prior to fining the civil action.

Failure to comply with an agreement is not grounds for setting aside an adoption decree or revocation of a written consent to adoption.

Rhode Island

Adoptions in which the birth parent has consented to an adoption or voluntarily terminated the parent-child relationship.

Adoptive parent(s); birth parent(s); recommendation of Department of children, youth and families or GAL or licensed child placing agency; child if at least 12 years old.

Best interest of the child; significant emotional attachment between child and birth parent.

Birth or adoptive parent may petition the court to comply the other to comply. Court must first given opportunity to be heard to licensed child placement agency, child’s CASA or GAL if one was appointed prior to finalization of adoption.

Court may not revoke adoption decree because of failure to comply with agreement.

Washington

Any adoption

Adoptive parent(s), birth parent(s), and child adoptees. Any agreement must be approved in writing by the prospective adoptive parent(s), the birth parent(s) whose parental rights have not previously been terminated, and if the child is in the custody of the Department or a child-placing agency, a representative of the Department or child-placing agency. If a child is represented by an attorney or GAL, that person must also approve of the terms in writing.

Approval by court based on a best interest of the child standard.

May be enforced by a civil action.

Failure to comply with the terms of the agreed order shall not be grounds fro setting aside an adoption decree or revocation of a written consent to adoption after that consent has been approved by the court.