Post-Adoption Contact Agreements: Indiana

Indiana is the next in our line of alphabetical state reviews concerning post-adoption contact agreements. (Yes, that means quite a few states between Florida and Indiana didn’t even address the issue.) Indiana gives us some unique perspectives and some unique questions that we haven’t had to ask before! Their wording is rather specific but confusing at times.

Let’s just dive in!

What may be included in postadoption contact agreements?
Citation: Ann. Code §§ 31-19-16-3; 31-19-16-9
A postadoption contact agreement must contain the following provisions:

* An acknowledgment by the birth parents that the adoption is irrevocable, even if the adoptive parents do not abide by the postadoption contact agreement

* An acknowledgment by the adoptive parents that the agreement grants the birth parents the right to seek enforcement of the postadoption privileges set forth in the agreement

Postadoption contact privileges are permissible without court approval in an adoption of a child who is less than 2 years old upon the agreement of the adoptive parents and a birth parent. However, postadoption contact privileges under this section may not include visitation. A postadoption contact agreement under this section is not enforceable and does not affect the finality of the adoption.

This is the first time that we have seen a state require that something is included in a post-adoption contact agreement. Of course, it’s the acknowledgment that adoptions are irrevocable but birth parents can seek enforcement. How it will be enforced, of course, is left unsaid. Another interesting thing that we haven’t seen before is that this state “allows” for post-adoption contact between birth and adoptive families if the child is under two. What’s with the magic number of two? Why not one? Or twelve? I don’t know and they aren’t telling. Even more interesting is the fact that Indiana is saying that contact agreements cannot include/discuss visitation. I’m sure many a birth parent or expectant parent considering placement would balk at the inability to include visitation in their contracts! And, of course, it “isn’t enforceable” “under this section.” Which gets confusing when we get to the legally enforceable section in a little bit!

Who may be a party to a postadoption contact agreement?
Citation: Ann. Code §§ 31-19-16-1; 31-19-16.5-1
At the time an adoption decree is entered, the court entering the adoption decree may grant postadoption contact privileges to a birth parent who has consented to the adoption or voluntarily terminated the parent-child relationship.

At the time an adoption decree is entered, the court may order the adoptive parents to provide specific postadoption contact for an adopted child who is at least 2 years old with a preadoptive sibling if:

* The court determines that the postadoption contact would serve the best interests of the adopted child.
* Each adoptive parent consents to the court’s order for postadoption contact privileges.

Unlike Florida, it is obvious that this wording is for parents who have voluntarily relinquished their child(ren) for adoption. Again, I find that the more specific you get with your language regarding those differences, the less problems you’ll have in the future. I applaud Indiana for that wording. I’m also enjoying the use of “parent-child relationship” in law wording! Look! An acknowledgment of a relationship! Moving on… things now get really confusing.

What about children who are under age two (such as newborns!) without any pre-adoptive siblings? Or what about children who are over two who don’t yet have siblings from their birth family but… will someday… thus being… I don’t know, post-adoptive siblings? And, again, why is this age of two chosen? I don’t have the answers to these questions. If you do, please share.

And hey! Let’s get wordy now!

What is the role of the court in postadoption contact agreements?
Citation: Ann. Code §§ 31-19-16-2; 31-19-16.5-2
A court may grant postadoption contact privileges if:

* The court determines that the best interests of the child would be served.
* The child is at least 2 years old and the court finds that there is a significant emotional attachment between the child and the birth parent.
* Each adoptive parent consents to the granting of postadoption contact privileges.
* The adoptive parents and the birth parents execute a postadoption contact agreement and file the agreement with the court.
* The licensed child-placing agency sponsoring the adoption and the child’s court-appointed special advocate or guardian ad litem recommends to the court the postadoption contact 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 is informed of the contents of the agreement and comments on the agreement in the agency’s report to the court.
* Consent to postadoption contact is obtained from the child if the child is at least 12 years old.
* The postadoption contact agreement is approved by the court.

In making its determination, the court shall consider any relevant evidence, including the following:

* A recommendation made by a licensed child-placing agency sponsoring the adoption
* A recommendation made by the adopted child’s court-appointed special advocate or guardian ad litem
* A recommendation made by the county Office of Family and Children or other agency that prepared a report of its investigation and its recommendation as to the advisability of the adoption
* The wishes expressed by the adopted child or adoptive parents

I’m wondering if the initial list (the court may grant “if” list) is an either/or kind of thing. (Again, I don’t know. Do you?) For example, does the child have to be over two or is that particular requirement overridden as long as the birth and adoptive parents agree on their own contract? Or do all things need to be in play? Curious. Obviously, they’re trying to cross their t’s and dot their i’s but they need to specify whether the list of requirements is all-inclusive or either/or. Otherwise, it seems rather impossible to get a post-adoption contact agreement acknowledged by the court system!

Are agreements legally enforceable?
Citation: Ann. Code §§ 31-19-16-4; 31-19-16-6; 31-19-16.5-4; 31-19-16.5-5
A birth parent or an adoptive parent may file a petition with the court entering the adoption decree to compel a birth parent or an adoptive parent to comply with the postadoption contact agreement.

Before the court hears a motion to compel compliance with an agreement, the court may appoint a guardian ad litem or court-appointed special advocate to represent and protect the best interests of the child.

The following persons may file a petition requesting that the court vacate or modify a postadoption contact order with a preadoptive sibling or to compel an adoptive parent to comply with the postadoption contact order:

* A preadoptive sibling by a next friend, guardian ad litem, or court-appointed special advocate
* The adopted child by a next friend, guardian ad litem, or court-appointed special advocate
* An adoptive parent

It’s nice to see that birth and adoptive parents can petition the court to make the other party comply with the existing contract. Equal rights on this measure, even if it was previously mentioned in the first section that they are not “legally enforceable,” are nice to see. It is a great step in the proper direction to see birth parents given a right to petition the court when things are not on the up-and-up. I do find it interesting, however, that the pre-adoptive sibling can petition the court to vacate or modify their own part of the post-adoption agreement… but their parent, meaning the birth parent, can’t petition on behalf of them. What if the contact between siblings is having a bad or undesirable affect on the birth parent’s parented child? Shouldn’t that birth parent be able to speak up on behalf of their child? Very interesting indeed.

How may an agreement be terminated or modified?
Citation: Ann. Code §§ 31-19-16-4; 31-19-16-6; 31-19-16.5-4; 31-19-16.5-5
A birth parent or an adoptive parent may file a petition with the court entering the adoption decree to modify the postadoption contact agreement.

The court may void or modify a postadoption contact agreement at any time before or after the adoption if the court determines after a hearing that the best interest of the child requires the voiding or modifying of the agreement.

Before the court voids or modifies an agreement, the court may appoint a guardian ad litem or court-appointed special advocate to represent and protect the best interests of the child.

The following persons may file a petition requesting that the court vacate or modify a postadoption contact order with a preadoptive sibling:

* A preadoptive sibling by a next friend, guardian ad litem, or court-appointed special advocate
* The adopted child by a next friend, guardian ad litem, or court-appointed special advocate
* An adoptive parent

The court may vacate or modify a postadoption contact order entered under this chapter at any time after the adoption if the court determines, after a hearing, that it is in the best interests of the adopted child.

So, the first sentence of this section states that birth parents can petition the court, along with adoptive parents, for changes to be made to the contract. Again, I question the birth parent’s inability to speak on behalf of their parented children. However, I am glad to see that birth parents can petition the court. It’s reassuring.

And so, Indiana leaves some questions but also makes some strides when it comes to the way these laws are worded. The acknowledgment of birth parents by allowing them to petition the court to review and modify or nullify the agreement is a step above the other states we’ve already discussed. I do have some serious questions about this whole “age of two” issue that’s mentioned in various places. I’m not sure what’s so magic about the age of two. Perhaps it’s written in to give birth and adoptive parents two years to make decisions? However, since newborn placement adoptions would be finalized before age two, that would leave the birth parents completely out of luck if the adoptive family then decided that they weren’t interested in continuing contact after that two year test run.

Despite confusion, Indiana has some positive things working for them in regards to post-adoption contact agreements. Again, not perfect but a definite step above some others!

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For more, read:

1. Post-Adoption Contact Agreements: Florida.

2. Post-Adoption Contact Agreements: Connecticut.

3. Information from the State Statute Search at ChildWelfare.gov in November 2007.

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