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STATES WITH STATUTES THAT ADDRESS POST-ADOPTION CONTACT IN MORE LIMITED WAYS: SUMMARY OF PROVISIONS |
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| State | Post-Adoption Contact Language |
| Alabama | Addresses only Post-Adoption visitation rights of biological grandparents when adoptee is adopted by certain relatives. |
| Alaska | States that nothing in the statutes prohibits an adoption that allows visitation between the adopted person and the person’s "natural parents or other relatives." |
| Georgia | Addresses only post-adoption visitation rights of grandparents when child is adopted by stepparent or "blood relative". |
| Maryland | States that if in child’s best interest, the adoptive parent and biological parent(s) may agree to visitation privileges between the child and the biological parents and siblings. |
| Massachusetts | Court may determine visitation rights between children and their siblings "with the participation of the foster, pre-adoptive or adoptive parents or extended family members and the child, if reasonable, and other parties who are relevant to the presentation of sibling relationships and visitation rights". |
| Missouri | States that the court does not have jurisdiction to deny continuing contact between the adopted person and the birth parent or between the adoptive parent and birth parent; court does not have jurisdiction to deny an exchange of identifying information between an adoptive and birth parent. After an adoption is completed, further contact is "at the discretion of the adoptive parents." |
| Montana | States that the policy is to support relationships between adoptees and birth families when desired by the parties. |
| New York | States that birth parents lose all rights to visit or contact the child "unless the parties have agreed to different terms". |
| Ohio | References "open adoption" and provides that "open adoption" is not binding or enforceable. States that a probate court may not refuse to finalize an adoption on the grounds that birth and adoptive parents have entered into an "open adoption" unless the court finds that the agreement violates requirements regarding the sharing of information under state law or is not in the best interest of the child. States that all terms of an "open adoption" are voluntary and any person who has entered into it can withdraw at any time. At the request of the party who has withdrawn, the court with jurisdiction over the adoption can issue an order barring any other person who was a party to the open adoption from taking any action pursuant to it. |
| South Dakota | Statute abrogates the decision of the South Dakota Supreme Court, People in Interest of S.A.H., 537 N.W.2d 1 (S.D. 1995), in so far as the case gave circuit courts the option to order an open adoption or post- termination visitation. Statute expressly states that "post-adoption visitation is an extraordinary remedy and may be exercised only by the adoptive parents when in the child's best interests." |
| Tennessee | States that the adoptive parents shall not be required by any order of the adoption court to permit visitation by any other person. Also states that nothing in the law prohibits "open adoptions" where the adoptive parents permit the parent or guardian of the child to visit or otherwise maintain a relationship. Permission to visit is not an enforceable right. |