Open adoption agreements.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0195

HOUSE BILL
NO.
HB0082

Open adoption
agreements
.

Sponsored by:
Representative(s) Throne and Berger and Senator(s) Dockstader and Ross

A BILL

for

AN ACT relating to
adoption; authorizing agreements regarding communications with a child adoptee, the adoptive parents and a
biological
parent; requiring court approval of agreements in writing; specifying contents of agreements; authorizing modification and termination of agreements as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 1
‑
22
‑
118 is created to read:

1
‑
22
‑
1
1
8
.

Agreements regarding communications.

(a)

Notwithstanding article 2 of this chapter, the parties to a proceeding under this article may enter into an
agreement
regarding communications with a child adoptee, the adoptive parents and a b
iological
parent.

(b)

An agreement
under
this section is not enforceable unless the agreement is in writing and is approved by the court. The court shall not approve an agreement unless the agreement is approved by the prospective adoptive parents, any
biological
parent with whom the agreement is being made and, if the child is in the custody of the department or an agency, a representative of the department or agency.

(c)

An agreement entered into
pursuant to
this section shall state that the adoptive parent
s
may terminate contact between the
biological
parent
and the child adoptee at any time if the adoptive parent
s
believe that such contact is not in the child's best interests.

(d)

The c
ourt shall not approve the agreement unless the court finds that the communication among the
adoptee
child, the adoptive parents and the biological parent is in the child's best interests. The court may consider the wishes of the
adoptee
child if the child is at least twelve (12) years of age.

(e)

An agreement entered into pursuant to this section is enforceable even if it does not disclose the identity of the parties to the agreement.

(f)

Failure to comply with an agreement that had been approved pursuant to this section is not grounds for setting aside a final decree of adoption or for revocation of a written consent to an adoption decree or relinquishment of parental rights.

(g)

The court retains jurisdiction after a final decree of adoption
is entered to hear motions brought to enforce or modify an order entered pursuant to this section. Before filing a
m
otion, the party seeking to enforce or modify an order shall make a good faith attempt to mediate the dispute. The court shall not enforce or modify an order unless the party filing the motion has made a good faith attempt to mediate the dispute.

(h)

The court may order a modification of an agreement approved pursuant to this section if it finds that the modification is necessary to serve the best interests of the adoptee child and one (1) of the following is true:

(i)

The modification is agreed to by the adoptive parents;

(ii)

Exceptional circumstances have arisen since the agreement was approved by the court that justify modification of the agreement.

(j)

The court may consider the wishes of the adoptee child who is at least twelve (12) years of age
when
determining whether to order a modification pursuant to subsection (h) of this section.

(k)

Every agreement entered into pursuant to this section shall contain a clause stating that the parties agree to the continuing jurisdiction of the court to enforce and modify the agreement and that they understand that failure to comply with the terms of the agreement is not grounds for:

(i)

Setting aside the final decree of adoption;

(ii)

The revocation of a written consent to the adoption; or

(iii)

Setting aside the relinquishment of parental rights.

Section
2.
This act is effective July 1, 2009.

(END)

1
HB0082