[Archive]

Originally Posted By Debbie

We are in the process of facillitating another open adoption

of a child in foster care and her biological father. The

condition of his termination is based on the agreed upon

visitation plan that has been filed with the court. Indiana has

this provision in the law and it becoming more and more a popular concept. The adoptive parents , the bio parent,

the caseworkers and GAL's all have to agree upon the plan.

I am curious as to what other states have this provision in

their law? An open adoption can only work if all parties are

famliiar with one another and are compfortable with it.

[Archive]

Originally Posted By Graham

Hi Debbie, my objections to this form of termination has nothing to do with open adoption, which should be our goal whenever it's possible to achieve it consistent with the security of the adoptive family. I don't like any conditions placed on relinquishment or termination that could later on be used as a route for an attorney to question the adoption, or interfere with the adoptive parent's absolute right to decide on their child's best interests. I realize that open adoption advocates would say that post adoption agreements have to be enforceable or they are meaningless, but I'm not convinced that's generally true. If we don't trust the adoptive parents to make appropriate decisions for their child, in terms of open arrangements, why are we trusting them to care for the child in all the other ways that they do.
There are many who consider adoption to be much like the process of marriage, and I am usually one of those. I don't want to see the legal profeession equating it with divorce.
To answer your question - California does not have such termination agreements except in the case of relative kinship adoption. However, there are plenty of opportunities for nonenforceable open agreements, including a new "mediated relinquishment" program for TPR situations.
Graham.