Recent legislation went into effect as of January 1, 2001 regarding post-adoption and/or kinship agreements. The major points are listed below:

1. Post-adoption and/or kinship agreements filed in an AGENCY adoption are now LEGALLY ENFORCEABLE. (This enforcement provision is not available in independent adoptions in California.)

2. The agreements should be attached to and filed along with the petition for adoption.

3. The post-adoption contact agreement shall be limited to, but need not include all of the following:
a) Provisions for visitation between the child and
birth parent(s) and other birth relatives, including siblings.
b) Provisions for future contact between birth parent(s) or relatives and child or adoptive parent, or both.
c) Provisions for sharing of information about the child in the future.

4. The child who is the subject of the adoption petition shall be considered a party to the post-adoption contact agreement. A child 12 years of age or older must give his/her written consent to the terms and conditions of the post-adoption contact agreement and any subsequent modifications, unless the court finds that the agreement, as written, is in the best interests of the child.

5. The agreement must include the following warnings:
a) After the adoption petition has been granted, the adoption cannot be set aside due to a party failing to follow the terms of the agreement.
b) A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption.
c) A court will not act on a petition to change or enforce the agreement unless the petitioner has participated in mediation.

6. The agency must include in its report to the court whether the agreement has been entered into voluntarily, and whether it is in the best interests of the child who is the subject of the petition.

Credits: Ellen Roseman