Postadoption Contact Agreements Between Birth and Adoptive Families - Oregon

What may be included in postadoption contact agreements?

Citation: Rev. Stat. § 109.305

An adoptive parent and a birth parent may enter into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or adoptive parents.

Who may be a party to a postadoption contact agreement?

Citation: Rev. Stat. § 109.305

An adoptive parent and a birth relative may enter into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or adoptive parents.

As used in this subsection, the term 'birth relatives' includes birth parents, grandparents, siblings, and other members of the child's birth family. A birth relative that enters into an agreement under this subsection must have established emotional ties creating an ongoing personal relationship, as defined in § 109.119, with the child. If the child is under age 1, the ongoing personal relationship between the birth relative and the child must have continued for at least half of the child's life.

If the child is age 14 or older, an agreement made under this section may not be entered into without the consent of the child.

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

Citation: Rev. Stat. § 109.305

The written agreement must be approved by the court. The court may show approval of an agreement made under this section by incorporating the agreement by reference and indicating the court's approval of the agreement in the adoption judgment.

Are agreements legally enforceable?

Citation: Rev. Stat. § 109.305

An agreement made under the subsection above may be enforced by a civil action. However, before a court may enter an order requiring compliance with the agreement, the court must find that the party seeking enforcement participated, or attempted to participate, in good faith in mediating the dispute giving rise to the action prior to filing the civil action.

Failure to comply with the terms of an agreement made under this section is not grounds for setting aside an adoption judgment or revocation of a written consent to adoption.

How may an agreement be terminated or modified?

Citation: Rev. Stat. § 109.305

The court may modify an agreement if the court finds that the modification is necessary to serve the best interests of the adopted child and that:

• The party seeking modification participated, or attempted to participate, in good faith in mediation prior to seeking modification of the agreement.
• The modification is agreed to by all parties to the original agreement.
• Exceptional circumstances have arisen since the parties entered into the agreement that justify modification of the agreement.