I like South Carolina. It's a nice place to visit. I wouldn't want to live there because, oh, I don't do well in heat. I can't even handle the heat in the summer up north! Summer in the south would melt me! That said, I've found another reason that I don't want to live in South Carolina. And it's based on how they address, or, rather, don't address post-adoption contact agreements.

Let's take a brief look.

What may be included in postadoption contact agreements?
Citation: Ann. Code § 20-7-1770(D)
An agreement may be entered into before the adoption between adoptive parents and biological parents concerning visitation, exchange of information, or other interaction between the child and any other person.

Any other person, eh? So we can write in provisions for contact with the current President of the United States? Or Kevin Federline? Or the lady down the street? Again, this is where vague wording is not exactly beneficial. I understand that they probably wanted to leave the door open for contact with other birth family members. However, without stating that, they're leaving too much room for improper interpretation. Giving families guidelines and limitations can really help them out in those early days of forming a relationship.

Who may be a party to a postadoption contact agreement?
Citation: Ann. Code § 20-7-1770(D)
An agreement may be made between adoptive parents and biological parents.

Not much room for interpretation there. However, in situations where birth parents are unable or unwilling to have contact with the adoptive family, I'd like to see room for grandparents and/or siblings to have contact as well. Just another thing for South Carolina to consider.

What is the role of the court in postadoption contact agreements?
Citation: Ann. Code § 20-7-1770(D)
The validity of the final decree of adoption is not affected by an agreement entered into before the adoption between adoptive parents and biological parents concerning visitation, exchange of information, or other interaction between the child and any other person.

That's fine and dandy, dear court system, but what is your role? How will you help these families that are having problems with visitation, exchange of information or other interaction? What will you do if one party drops the ball? When does the contract have to be filed? For example, some states require it before the finalization and others with finalization. What's the deal with your state? Why aren't you helping your families with these questions?

Are agreements legally enforceable?
Citation: Ann. Code § 20-7-1770(D)
Such an agreement does not preserve any parental rights with the biological parents and does not give to them any rights enforceable in the courts of this State.

Well, that's just about useless, isn't it? An adoptive family can therefore sign a contact agreement with the potential birth mother and, after birth, completely fall off the planet. While I don't want to see adoptions overturned because adoptive parents can't keep up their end of the deal, I would like to see them answer to someone when they aren't doing what was promised. Even if a judge is just going to say, "Hey, get off your butt and do what you said you would," that would work for so many. (And the issue works both ways! Birth parents should also be held accountable if their name is on that dotted line!)

How may an agreement be terminated or modified?
This issue is not addressed in the statutes reviewed.

Well, thanks for no help, South Carolina.

Why bother addressing the issue at all if you're not really going to cover the main points that families deal with when it comes to post-adoption agreements? If you aren't going to offer them help in either enforcing, modifying or terminating, then what is the point in getting either party's hopes up with the promise of contracts? Why not be one of those states that just ignores the issue entirely? It would create less confusion as you wouldn't be painting yourself as a "somewhat" open adoption friendly state. Vague laws and lack of support do families no good when the going gets tough in their own homes.

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For more on Post-Adoption Contact Agreements, read these posts.

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