Amends TCA Title 36, Chapter 1.

This bill revises and adds provisions regarding post-adoption contact, as discussed below.<br /> <br /> Present law prohibits the court from ordering the adoptive parents of a child to permit visitation by any other person and from ordering any conditions on the adoption of the child by the adoptive parents. Present law specifies, however, that these prohibitions do not 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. Present law further specifies that the permission or agreement to permit visitation or contact does not establish any enforceable rights in the parent or guardian, the siblings or other related persons.<br /> <br /> This bill revises the above provisions regarding "open adoptions" as described above to provide for post-adoption contact contracts, as follows:<br /> <br /> (1) A prospective adoptive parent or an adoptive parent and a biological parent; or a prospective adoptive parent or an adoptive parent, a biological parent, and a child who is 14 years of age or older who is being adopted or who has been adopted, may voluntarily enter into a written contract for post-adoption contact that permits continued contact between legal relatives and the child. Unless expressly designated as a moral agreement only and that the agreement is not intended to be legally enforceable, a written agreement executed in accordance with this provision will be considered a contract for post-adoption contact, and enforceable pursuant to this bill. A subject child 14 years of age or older is a necessary party to a contract for post-adoption contact and is deemed to have the capacity to enter into a contract for purposes of this bill;<br /> (2) A contract for post-adoption contact may provide for privileges regarding an adopted child, including, but not limited to, visitation with the child, contact with the child, sharing of information about the child, or sharing of information about biological parents or adoptive parents; <br /> (3) A contract for post-adoption contact must be in writing and signed by all parties to the agreement and is enforceable pursuant to this bill. A verbal agreement or written statement not signed by all parties is not enforceable under this bill. A provision of a contract for post-adoption contact permitting contact between an adopted child and a person legally restrained from contact with the child, or with children generally, is not enforceable under this bill. A contract for post-adoption contact becomes enforceable under this bill upon finalization of the anticipated adoption. Unless the parties state otherwise in the contract, a contract for post-adoption contact may be enforceable until the child being adopted reaches 18 years of age;<br /> (4) "Parties" for the purposes of this bill are the prospective adoptive parent or adoptive parent, the biological parent, and the child if the child is 14 years of age or older at the time of the contract, but not any third-party beneficiary to the contract;<br /> (5) Generally, the court issuing the order of adoption has continuing jurisdiction over enforcement or modification of a contract for post-adoption contact, and a party to a contract for post-adoption contact may file the original contract with the court having jurisdiction over the adoption if the contract provides for court enforcement or if the contract is silent as to the issue of enforcement. A contract filed with the adoption court must be filed in the adoption action, unless an action to enforce the contract is filed. An action to enforce the contract will be a new and independent action;<br /> (6) A contract for post-adoption contact may be modified or terminated by voluntary execution of a modification or termination agreement by all living parties to the original contract. A modified contract for post-adoption contact may be filed with the court if the contract provides for court enforcement or the contract is silent as to enforcement.<br /> (7) A court will not set aside an order of adoption, rescind a waiver of interest or surrender, or modify an order terminating parental rights due to the failure of a party to comply with any or all the original terms of, or subsequent modifications to, a contract for post-adoption contact;<br /> (8) A biological parent is prohibited from petitioning the court for modification of a contract for post-adoption contact. Only the adoptive parent or the child may petition the court to modify a contract for post-adoption contact. Any party may petition the court for enforcement of a contract for post-adoption contact. A petition to terminate a post-adoption contract will be considered a petition for modification of the contract. This bill sets out the procedures for initiating a modification of the contract, which, in some instances, requires an opinion from a licensed professional, as detailed in the bill, regarding the child's best interest and mediation;<br /> (9) Any further requests for enforcement or modification based on the same or similar allegations made by the same party must be filed at the expense of the moving party directly in the court that granted the order for adoption. A party determined by the court to be noncompliant must overcome a presumption of bad faith; and<br /> (10) A party granted rights pursuant to a post-adoption contact contract will be included as a "legal relative" for certain present law provisions regarding adoption.<br /> <br /> ON FEBRUARY 25, 2019, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 207, AS AMENDED.<br /> <br /> AMENDMENT #1 changes this bill's effective date from July 1, 2019, to upon becoming a law. <br /> <br />