Cooperative Adoptions: Contact Between Adoptive Families and Birth Families After Finalization, Page 4

Suggested Additional Reading

Appell, A. "Enforceable Post-Adoption Contact Statutes, Part I: Adoption with Contact" Adoption Quarterly, 4:1, 2000 pp. 81-90.

Appell, A. "Increasing Options to Improve Permanency: Considerations in Drafting an Adoption with Contact Statute." Children's Legal Rights Journal, 18:4, Fall 1998, pp. 24-51.

Appell, A. "The Move Toward Legally Sanctioned Cooperative Adoption: Can It Survive the Uniform Adoption Act?" Family Law Quarterly, 30:2, Summer 1996, pp. 483-518.

Duquette, D. N. & M. Hardin. Adoption 2002: The President's Initiative on Adoption and Foster Care. Guidelines for Public Policy and State Legislation Governing Permanence for Children. Washington, DC: Department of Health and Human Services, June 1999.

Hollinger, J. H. "Appendix 13-B: Open Adoption or Post-Adoption Agreements." In: Adoption Law and Practice, 1999 Edition. New York, NY: Matthew Bender Co.

Hollinger, J. H. "The Uniform Adoption Act: Reporter's Ruminations." Family Law Quarterly, 30:2, Summer 1996, pp. 345-378.

Hollinger, J. H. "Overview of NCCUSL 1994 Uniform Adoption Act (UAA)." In: Ventrell, M. R. (Editor). Children's Law, Policy and Practice. Denver, CO: National Association of Council for Children, 1995, pp. 79-97.

McGough, L. S. & A. Peltier-Falahahwazi. "Secrets and Lies: A Model Statute for Cooperative Adoption." Louisiana Law Review, 60, Fall 1999, pp. 13ff.

Permanency Planning for Children Department. Judge's Guidebook on Adoption and Other Permanent Homes for Children. Reno, NV: National Council of Juvenile and Family Court Judges, February 1999.

Silverberg, A. "Open Adoption: Is It Legally Enforceable? Should It Be?" Adoptive Families, 29:6, November/December 1996, pp. 14-16.

Tenenbaum, J. D. "Introducing the Uniform Adoption Act." Family Law Quarterly, 30:2, Summer 1996, pp. 333-343.

Notes

1 For a fuller discussion see: Annette Appell, "Increasing Options to Improve Permanency: Considerations in Drafting an Adoption with Contact Statute." Children's Legal Rights Journal, 18:4, Fall 1998, pp. 24-26. Back
2 Joan Hollinger, "Appendix 13-B: Open Adoption or Post-Adoption Agreements." In Adoption Law and Practice, 1999 Edition. New York, NY: Matthew Bender Co. Back
3 Post adoption contact agreements of this type are not to be confused with contact ordered by courts regardless of any agreement of the parties. Court-ordered contact more typically occurs in stepparent or relative adoptions. For a more complete discussion of this issue, see: Annette Appell, "Enforceable Post Adoption Contact Statutes, Part II: Court-Imposed Post Adoption Contact." Adoption Quarterly, 4:2, 2000, pp. 101-111. Back
4 Donald Duquette and Mark Hardin, Guidelines for Public Policy and State Legislation Governing Permanence for Children. Washington, DC: Department of Health and Human Services, June 1999, p. II-5. Back
5 Adoption with contact statutes were among the issues first addressed in the model Uniform Adoption Act drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1994 and endorsed by the American Bar Association in 1995. See Joel Tenenbaum, "Introducing the Uniform Adoption Act." Family Law Quarterly, 30:2, Summer 1996, pp. 333-343. Back
6 The word approximately is used to stress the fact that the statutes are constantly being revised and updated. Back
7 In New York, the statute allows the birth parent to execute a conditional surrender, and applies only to children in foster care. The relinquishing parent surrenders all rights to a child, except or those contacts included in the written surrender document. The statute does not address how any agreement is to be enforced or modified. South Dakota permits birth and adoptive parents to draft an agreement for post adoption contact if it is in writing and the birth parents have voluntarily relinquished. It does not indicate whether such agreements are enforceable. See Appell (1998), pp. 39-40. Back

This material has been taken from the National Adoption Information Clearinghouse Web site as reviewed and approved for addition to this site on January 12, 2004.

The National Adoption Information Clearinghouse http://naic.acf.hhs.gov, can be reached toll free at 1-888-251-0075,or by e-mail at: naic@calib.com.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)