[Preator]

My sister in law lives in Indiana and she has adopted 2 foster children. In the adoption agreement the birth parents get 2 visits a year. The adoption is an open one right now. The adoption went thru just about 2 years ago. Now the birth parents are trying to change the rules. She got a letter by the police that she is basically summonsed because the birth parents haven't recieved pictures of the children since their birthday. Which is one of the two visits, the other is around Christmas. Now to the real question we are trying to find the official Laws of Indiana about open versus closed adoptions.

Thanks for anything

[Volfe]

I don't know if open adoption is legally enforceable there but regardless, I would think that sending more pictures/ more contact wouldn't be that large of a difficulty. Heck, if she couldn't see the kids for an extended period of time, wouldn't she want letters from them and pictures if available (even summer camp?). I'd think so.

JMHO

Maia

[BrandyHagz]

Indiana has Legally Binding Open Adoption Agreements and that law reads:

Indiana Code 31-3-1-13

IC 31-3-1-13 Sec. 13. (a) At the time an adoption decree is entered, the court entering the decree may grant Post-Adoption visitation privileges under subsection (b) to a birth parent who has consented to adoption or voluntarily terminated the parent-child relationship.

(a) A court may grant Post-Adoption visitation privileges if:

(1) the court determines that the best interests of the child would be served by granting Post-Adoption visitation privileges;
(2) the child is at least two (2) years of age and the court finds that there is a significant emotional attachment between the child and the birth parent;
(3) each adoptive parent consents to the granting of Post-Adoption visitation privileges;
(4) the adoptive parents and the birth parents execute a Post-Adoption visitation agreement and file the agreement with the court;
(5) the licensed child placing agency sponsoring the adoption and the child's court appointed special advocate or guardian ad litem appointed under IC 31-6-3-4 recommends to the court the Post-Adoption visitation agreement, or if there is no licensed child placing agency sponsoring the adoption, the county office of family and children or other agency that prepared an adoption report under IC 31-3-1-4 is informed of the contents of the Post-Adoption visitation agreement and comments on the agreement in the agency's report to the court;
(6) consent to Post-Adoption visitation is obtained from the child, if the child is at least twelve (12) years of age; and
(7) the Post-Adoption visitation agreement is approved by the court.

(b) A Post-Adoption visitation agreement filed under subsection(b)(4) must contain the following provisions:

(1) An acknowledgment by the birth parents that the adoption is irrevocable, even if the adoptive parents do not abide by the Post-Adoption visitation agreement.
(2) An acknowledgment by the adoptive parents that the agreement grants the birth parents the right to seek to enforce the Post-Adoption privileges set forth in the agreement.

(c) A birth parent or an adoptive parent may file a petition with the court entering the adoption decree for the following purposes:

(1) To modify the Post-Adoption visitation agreement.
(2) To compel a birth parent or an adoptive parent to comply with the Post-Adoption visitation agreement.

(d) The court may not award monetary damages as a result of the filing of a petition under subsection (d).

(e) The court may void or modify a Post-Adoption visitation agreement approved under this section at any time before or after the adoption if the court determines after a hearing that the best interests of the child requires the voiding or modifying of the agreement. Before the court:

(1) voids or modifies an agreement; or
(2) hears a motion to compel compliance with an agreement approved under this section; the court may appoint a guardian ad litem or court appointed special advocate under IC 31-6-3-4 to represent and protect the best interests of the child.

(f) The provisions of IC 31-6-3-4(d) through IC 31-6-3-4(g) concerning the representation, duties, liabilities, and appointment of a guardian ad litem or court appointed special advocate apply to proceedings under this section.

(g) A court may not revoke a decree of adoption because a birth parent or an adoptive parent fails to comply with a Post-Adoption visitation agreement approved by a court under this section.

It sounds like your sister isn’t following the laws in Indiana to which she agreed to when she adopted, which is illegal and could result in some type of legal trouble