ID S1281

Allows biological parents and prospective adoptive parents to enter into written post-adoption contact or communication agreements prior to the adoption decree, subject to court approval under clear and convincing evidence standards.

Requires court-approved agreements to be in the adoptee's best interests, contain fair and reasonable terms, be entered into knowingly and voluntarily, and receive written approval from the Department of Health and Welfare, the adoptee's attorney or guardian ad litem if appointed, and the adoptee if age 12 or older.

Every agreement must acknowledge that adoptive parents may terminate contact at any time if they believe it is not in the adoptee's best interests, and that adoption decrees are final and irrevocable regardless of agreement compliance.

Courts retain jurisdiction to enforce or modify agreements after the adoption decree is entered, provided parties attempt good faith mediation before filing motions to enforce or modify.

Breach, modification, or invalidation of an agreement has no effect on the adoption decree, parental rights termination, or custody of the adopted child, and courts cannot set aside adoptions due to non-compliance with agreement terms.