Postadoption Contact Agreements Between Birth and Adoptive Families - Nevada

Date:

What may be included in postadoption contact agreements?

Citation: Rev. Stat. § 127.187

An agreement for postadoptive contact is enforceable if all of the following apply:

  • The agreement is in writing and signed by the parties.
  • The agreement is incorporated into an order or decree of adoption.
  • In the case of an agreement that concerns a child who was in the custody of a child welfare agency before being adopted, either of the following is true:
    • The child welfare agency has determined that the agreement is in the best interests of the child.
    • After a hearing, the court has determined that the agreement is in the best interests of the child.

The identity of a natural parent is not required to be included in the agreement. If such information is withheld, an agent who may receive service of process for the natural parent must be provided in the agreement.

A natural parent or adoptive parent who enters into a postadoptive contact agreement shall include in the agreement an address at which the natural parent or adoptive parent may receive service of a petition filed pursuant to § 127.1885. If a natural parent or adoptive parent refuses or fails to include an address in the agreement, the court may, on the date on which the court enters an order or decree of adoption that incorporates the agreement, order the child welfare agency to provide the court with the contact information of the natural parent or adoptive parent who refused or failed to include his or her address.

Who may be a party to a postadoption contact agreement?

Citation: Rev. Stat. § 127.187

The natural parent or parents and the prospective adoptive parent or parents of a child to be adopted may enter into an enforceable agreement that provides for postadoptive contact between:

  • The child and his or her natural parent or parents
  • The adoptive parent or parents and the natural parent or parents
  • Any combination thereof

What is the role of the court in postadoption contact agreements?

Citation: Rev. Stat. §§ 127.187; 127.1875; 127.188

A court that enters an order or decree of adoption that incorporates an agreement for postadoptive contact shall retain jurisdiction to enforce, modify, or terminate the agreement for postadoptive contact until the child reaches age 18, the child becomes emancipated, or the agreement is terminated.

The establishment of an agreement for postadoptive contact does not affect the rights of an adoptive parent as the legal parent of the child.

Each prospective adoptive parent of a child to be adopted who enters into an agreement for postadoptive contact shall notify the court of the existence of the agreement as soon as practicable after the agreement is established, but no later than the time at which the court enters the order or decree of adoption of the child.

Before a court may enter an order or decree of adoption of a child, the court must address, in person, each prospective adoptive parent, the director of the licensed child-placing agency involved in the adoption proceedings, and any attorney representing a prospective adoptive parent, the child, or the agency involved in the adoption proceedings and inquire whether the person has actual knowledge that the prospective adoptive parent or parents of the child and the natural parent or parents of the child have entered into an agreement for postadoptive contact. The court may address a prospective adoptive parent by telephone.

If the court determines that the prospective adoptive parent or parents and the natural parent or parents have entered into an agreement for postadoptive contact, the court shall order the prospective adoptive parent or parents to provide a copy of the agreement to the court and incorporate the agreement into the order or decree of adoption.

Are agreements legally enforceable?

Citation: Rev. Stat. §§ 127.187; 127.1885

A natural parent who has entered into an agreement for postadoptive contact may, for good cause shown, do the following:

  • Petition the court that entered the order or decree of adoption of the child to prove the existence of the agreement for postadoptive contact and to request that the agreement be incorporated into the order or decree of adoption
  • During the period set forth below, petition the court to enforce the terms of the agreement for postadoptive contact if the agreement complies with the requirements of § 127.187

An adoptive parent who has entered into an agreement for postadoptive contact may:

  • During the period set forth below, petition the court that entered the order or decree of adoption of the child to enforce the terms of the agreement for postadoptive contact if the agreement complies with the requirements of § 127.187
  • Petition the court to modify or terminate the agreement for postadoptive contact in the manner set forth in § 127.1895

Any action to enforce the terms of an agreement for postadoptive contact must be commenced no later than 120 days after the date on which the agreement was breached.

How may an agreement be terminated or modified?

Citation: Rev. Stat. § 127.1895

An agreement for postadoptive contact may only be modified or terminated by an adoptive parent petitioning the court that entered the order of decree that included the agreement. The court may grant a request to modify or terminate the agreement only if:

  • The adoptive parent petitioning the court for the modification or termination establishes that:
    • A change in circumstances warrants the modification or termination.
    • The contact provided for in the agreement is no longer in the best interests of the child.
  • Each party to the agreement consents to the modification or termination.

If an adoptive parent petitions the court for a modification or termination of an agreement pursuant to this section:

  • There is a presumption that the modification or termination is in the best interests of the child.
  • The court may consider the wishes of the child involved in the agreement.

Any order issued to modify an agreement for postadoptive contact:

  • May limit, restrict, condition, or decrease contact between the parties involved in the agreement
  • May not expand or increase the contact between the parties involved in the agreement or place any new obligation on an adoptive parent