I like Tennessee. I like country music. While I haven't been to Nashville (though I do plan on it in the next five years as a getaway with the Husband), I've traveled through various parts of the state. It's pretty nice looking and the folks we encountered were nice. I am amused, however, that their state bird is a Mockingbird. It makes me want to sing. (Mock. MOCK!) Anyway, since I like the state so much, I was hopeful about their laws regarding post-adoption contact agreements.

They didn't necessarily let me down. But they didn't lift me up either. Or, really, they just didn't do much of anything.

What may be included in postadoption contact agreements?
Citation: Ann. Code § 36-1-121(f)
No conditions shall be placed on the adoption of the child by the adoptive parents. However, nothing under this part shall be construed to prohibit ''open adoptions'' where the adoptive parents permit, in their sole discretion, the parent or guardian of the child who surrendered the child or whose rights to the child were otherwise terminated, or the siblings or other persons related to the adopted child, to visit or otherwise continue or maintain a relationship with the adopted child.

That was an awfully wordy way to say, "As long as the adoptive parents agree, birth parents and other biological family members can maintain a relationship with the child."

Who may be a party to a postadoption contact agreement?
Citation: Ann. Code § 36-1-121(f)
The adoptive parents have the sole discretion to permit the parent or guardian of the child, or the siblings or other persons related to the adopted child, to visit or otherwise continue or maintain a relationship with the adopted child.

Again, an awfully wordy way to say, "As long as the adoptive parent approves, anyone in the birth family may maintain a relationship."

What is the role of the court in postadoption contact agreements?
Citation: Ann. Code § 36-1-121(f)
The adoptive parents of a child shall not be required by any order of the adoption court to permit visitation by any other person, nor shall the order of the adoption court place any conditions on the adoption of the child by the adoptive parents. Any provision in an order of the court or in any written agreement or contract between the parent or guardian of the child and the adoptive parents requiring visitation or otherwise placing any conditions of the adoption shall be void and of no effect whatsoever; provided, that nothing under this part shall be construed to prohibit ''open adoptions'' where the adoptive parents permit, in their sole discretion, the parent or guardian of the child who surrendered the child or whose rights to the child were otherwise terminated, or the siblings or other persons related to the adopted child, to visit or otherwise continue or maintain a relationship with the adopted child.

Tennessee is just awfully wordy, no?

That jumbled paragraph is hard to get through on the first read. I got up and got another cup of coffee and sat back down to read it a second time. And a third. And a fourth.

Basically, the court can't mandate, of their own accord, that the adoptive family have visitation with the birth family. However, the adoptive family can decide, if they feel like it, that members of the birth family can visit or have a relationship with the child in question. In essence, the court is saying, "We aren't going to get involved in this matter. It's up to you."

Are agreements legally enforceable?
Citation: Ann. Code § 36-1-121(f)
The permission or agreement to permit visitation or contact shall not, in any manner whatsoever, establish any enforceable rights in the parent or guardian, the siblings, or other related persons.

I'm starting to wonder, right here, why more states aren't taking advantage of legally binding agreements. Why? We often hear that birth parents had the open adoption door closed in their face. However, we have also heard, too often for my liking, that many birth parents walk away from open adoptions as well. If the agreements were legally binding, adoptive parents could have the courts help them enforce the birth parents involvement. Just saying, it works both ways. But, obviously, not in the state of Tennessee.

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

That isn't surprising since Tennessee courts are basically taking a hands off approach to this issue. It's as if no one wants to take responsibility and, as such, the blame if something goes amiss. That's unfortunate because it leaves open adoption families wondering what the heck to do when issues arise. I can't say enough how important it is that we begin supporting families in open adoptions. It's not always easy (what in life is?) and having recourse and support could go a long way in making people feel secure and validated.

In essence, Tennessee isn't necessarily unfriendly towards open adoption families. Indifferent would be a better word. Or perhaps "scared" to even address the issue.

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

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