Vermont. I've never been there. But I do know that they lead the country in production of maple syrup. And I like maple syrup, though, I prefer the all natural stuff that my Husband's grandfather makes over the bottled stuff. All sticky-sweet stuff aside, I had hope that a known progressive state would look at Post-Adoption Contact Agreements in a, well, progressive manner. I was somewhat disappointed. They're not totally backwards but there's some room for improvement.

Wipe the syrup off your hands and look with me, will you?

What may be included in postadoption contact agreements?
Citation: Ann. Stat. Tit. 15A, § 4-112
[This section applies to stepparent adoptions only.]
Upon the request of the petitioner, the petitioner's spouse, the child's other parent, or a relative of the child, the court shall review a written agreement that permits another person to visit or communicate with the minor after the decree of adoption becomes final.

Now this is the first time we've seen a state address stepparent adoptions specifically and singularly. While I think it's important for these families to be addressed and supported as well, I think it's unfortunate that the other forms of adoption are being ignored. Yet my heart is softened when I think that Little Jason's grandpa would still be able to have contact even after the child has been adopted by a new (step)father and quite possibly has a new grandfather. I will stand by the fact that more people to love a child can be a fantastic thing!

Who may be a party to a postadoption contact agreement?
Citation: Ann. Stat. Tit. 15A, § 4-112
This section applies to stepparent adoptions only.]
The agreement shall be signed by the person, the petitioner, the petitioner's spouse, the minor if 14 or older, and, if an agency placed the minor for adoption, an authorized employee of the agency.

How often does an agency place a minor for adoption in a stepparent adoption? Is that common in Vermont? Or was this a slip of the fingers? I could see how an agency might be involved, though more often than not I would assume an attorney would be involved but as far as "placing" a child for a stepparent adoption... well, that seems off base. Live in Vermont? Explain this, please.

What is the role of the court in postadoption contact agreements?
Citation: Ann. Stat. Tit. 15A, § 4-112
[This section applies to stepparent adoptions only.]
The court may enter an order approving an agreement only upon determining that the agreement is in the best interest of the child. In making this determination, the court shall consider:

* The preference of the child, if the child is mature enough to express a preference
* Any special needs of the child and how they would be affected by performance of the agreement
* The length and quality of any existing relationship between the child and the person who would be entitled to visit or communicate, and the likely effect on the child of allowing this relationship to continue
* The specific terms of the agreement and the likelihood that the parties to the agreement will cooperate in performing its terms
* The recommendation of the child's guardian ad litem, attorney, social worker, or other counselor
* Any other factor relevant to the best interest of the child

In addition to any agreement approved pursuant to this section, the court may approve the continuation of an existing order or issue a new order permitting the child's former parent, grandparent, or sibling to visit or communicate with the minor if:

* The grandparent is the parent of a deceased parent of the child or the parent of the child's parent whose parental relationship to the child is terminated by the decree of adoption.
* The former parent, grandparent, or sibling requests that an existing order be permitted to survive the decree of adoption or that a new order be issued.
* The court determines that the requested visitation or communication is in the best interest of the child.

In making its determination, the court shall consider the factors listed above and any objections to the requested order by the adoptive stepparent and the stepparent's spouse.

I think we can learn a lot here, regardless of what state we live in or what kind of adoption for which we're seeking to have an open agreement contract. Vermont was kind enough to spell out what they determine to be "in the best interest of the child." We have not yet seen that (alphabetically and, honestly, we're now on letter "V!"). How much less confusing is it to know what the courts are looking for? Immensely, no? Granted, they still left a little wiggle room with the "any other factor" but getting specific helps families understand what they're looking for with regards to the child's best interest. In this case, specifics help.

Are agreements legally enforceable?
Citation: Ann. Stat. Tit. 15A, §§ 1-109; 4-112
When a decree of adoption becomes final, except as provided in Article 4 of this title, any order or agreement for visitation or communication with the minor shall be unenforceable.

In the case of a stepparent adoption, an order issued [for visitation] may be enforced in a civil action only if the court finds that enforcement is in the best interest of a child.

Here we finally see a separation of two (or more) kinds of adoption. Stepparent visitation orders are enforceable via a civil suit. However, other adoption situations don't have enforceable agreements for contact after the adoption itself is finalized. That is interesting to me. It's also helpful as Vermont now comes out as a state that doesn't really give much credence to parents who voluntarily place their children for adoption or parents (and their families) who have lost rights. Apparently these subsects of parents are "less than" that of the stepparent quotient.

How may an agreement be terminated or modified?
Citation: Ann. Stat. Tit. 15A, § 4-112
[This section applies to stepparent adoptions only.]
An order issued under this section may not be modified unless the court finds that modification is in the best interest of a child, and:

* The persons subject to the order request the modification.
* Exceptional circumstances arising since the order was issued justify the modification.

This is one place where the state could use to get a little more specific. I'm tiring, quickly, of this "exceptional circumstance" that has been often placed under this heading. I still don't know what qualifies as exceptional even though the state gave us a good look at what they use to qualify "in the best interest of the child." If they would get a bit more specific here, parties would be less confused when trying to figure out if they could modify their agreement.

Looking back over Vermont, I see problems and promising things. For one thing, only addressing stepparent adoptions doesn't seem to do a whole bunch of different people any good. If we want to help families, we have to include them. However, they made good use of explaining just exactly what they mean when they say "in the best interest of the child." They did fall short on explaining a few other things but set an example for other states in other ways.

I think if Vermont would address other types of adoption and get a smidgen more specific, they'd have a great set of laws here.

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

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