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Our smallest state is awfully big on words when it comes to Post-Adoption Contact Agreements. Rhode Island does address the issue, unlike some bigger states, and they have quite a bit to say. Unlike some states where wordiness equaled confusion, this state gets rather specific and addresses issues that previously left us questioning. It seems to go along with their state motto of, “Hope.” It gives me hope for the future of post-adoption contact agreements.
Let’s see!
What may be included in postadoption contact agreements?
Citation: Gen. Laws § 15-7-14.1
Postadoption privileges may include postadoption visitation, contact, and/or conveyance of information.A postadoption privileges 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 privileges agreement
* 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
Kudos to Rhode Island! Unlike some states that expressly forbid the inclusion of visitation in a contract, this state uses words to allow for it. Some states have left it up in the air, leaving families wondering if they can include visitation in their contracts since it isn’t mentioned in the statute. Rhode Island lets families know that, yes, they can!
Furthermore, this little state takes a giant leap with the additions of two specific requirements in every contract: the birth parents acknowledgment that the adoption is irrevocable and the adoptive parents acknowledgment that birth parents can seek to enforce the contract. So far, so good.
Who may be a party to a postadoption contact agreement?
Citation: Gen. Laws § 15-7-14.1
The adoptive parents and the birth parents may jointly negotiate and execute a postadoption privileges agreement that is approved and filed with the family court.
“Jointly negotiate and execute?” You mean, Rhode Island expects that birth parents and adoptive parents should have equal input as to what is involved in the contract? What a forward thinking state! Kudos again!
What is the role of the court in postadoption contact agreements?
Citation: Gen. Laws § 15-7-14.1
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”) to a birth parent who has consented to an adoption or voluntarily terminated the parent-child relationship or has had his or her parental rights involuntarily terminated.A court may grant postadoption privileges if:
* The court determines that the best interests of the child would be served by granting postadoption privileges.
* The court finds there is a significant emotional attachment between the child and the birth parent.
* The adoptive parents and the birth parents jointly negotiate and execute a postadoption privileges agreement that is approved and filed with the family court.
* The Department of Children, Youth, and Families and the child’s court-appointed special advocate or the guardian ad litem recommend 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, the licensed child-placing agency sponsoring the adoption makes a recommendation that the postadoption privileges agreement be approved by the court.
* Consent to the postadoption privileges is obtained from the child if the child is at least 12 years of age.
* The postadoption privileges agreement is approved by the court.
This section got a little wordy because Rhode Island decided to address every single kind of birth parent in existence. Not a bad thing, of course, but, as I said, it makes this section a little wordy. To sum it up, the court has the ability to decide whether or not the contract is in the best interest of the child. I’m always wary of that particular sentiment, though I understand and support its necessity. I’m just simply afraid that an anti-openness judge may say that it is not in the best interest of a newborn to have contact with the birth family simply because the judge doesn’t understand open adoption. It’s not uncommon for openness to be misunderstood. It’s frequently skewed even here on this blog!
However, Rhode Island is to be applauded because they don’t leave room for confusion between voluntarily placing birth parents and parents who have had children removed. They state the differences that the families will go through in order to have their contract approved. Many states could learn something from this addition to their statutes!
Are agreements legally enforceable?
Citation: Gen. Laws § 15-7-14.1
A birth parent or an adoptive parent may file a petition with the court entering the adoption decree to compel a birth parent or adoptive parent to comply with the postadoption privileges agreement.Before the court hears a motion to compel compliance with an agreement, the court shall give notice and an opportunity to be heard to the licensed, child-placing agency that sponsored the adoption and to the child’s court-appointed special advocate (CASA) or court-appointed guardian ad litem if one had been appointed prior to the finalization of adoption.
Again, there are no questions left as to how the contract would be enforced. If one party or the other isn’t complying with the agreement, a petition can be filed to get the court involved to “compel” them to comply. No overturning of adoptions. No monetary damages. Just getting people to do what they agreed to in the beginning. Again, Rhode Island sets a good example for other states by letting families know what to expect.
How may an agreement be terminated or modified?
Citation: Gen. Laws § 15-7-14.1
A birth parent or an adoptive parent may file a petition with the court entering the adoption decree to modify the postadoption privileges agreement.The court may void or modify a postadoption privileges agreement 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 voids or modifies an agreement, the court shall give notice and an opportunity to be heard to the licensed, child-placing agency that sponsored the adoption and to the child’s court-appointed special advocate (CASA) or court-appointed guardian ad litem if one had been appointed prior to the finalization of adoption.
The one question I have after reading through this section is whether or not the modification allows for the adding of more contact. Many states have specifically said that they do not allow for additional contact, only the decreasing of contact when a contract is modified. Rhode Island doesn’t specify, leaving me to believe and/or hope that contact can be increased via modification. While they have been so specific on everything else, it would behoove the state and the open adoption families within to clarify this subject.
All in all, Rhode Island is specific, openness friendly and pretty good at getting to the point. They have a few minor issues which could hopefully be easily explained in a court of law. Those families in Rhode Island with open adoption contracts should feel rather secure that their state supports the goals they have for their adoption and the child(ren) involved.
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For more on Post-Adoption Contact Agreements, read these posts.
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“The court finds there is significant emotional attachment between the child and the birth parent.” Wouldn’t that clause prevent agreements in infant adoption? It almost sounds like they are intending to allow agreements for every type of adoption except infant adoptions. John
John; I’ll let that comment go considering that you’ve never carried a child to term.
Edited to Add: Of course, I should have, looking at it now, attacked you directly and not either men in general or women who haven’t carried a child. Because, you see, my Husband understands the bond that I had with all of my children prior to their arrival. In fact, my Husband was bonded with all of those children prior to their arrivals as well. My Husband is quite certainly not the only man on the Earth capable of understanding and appreciating that early bonding process. Furthermore, I know many a woman who hasn’t been pregnant, either by choice or by chance, that understands the maternal bond of pregnancy. Beyond understanding it, those individuals are able to appreciate and celebrate that bond for what it is: special and beautiful.
And so, don’t take what I’m saying to that individual out of context. That comment wasn’t meant for the general public that hasn’t been pregnant. It was solely meant for you, your blatant attack of birth parents and open adoption and your general negativity that you spew on this blog with regularity. As always, move it along.
Yes, John. Please do some research.