Postadoption Contact Agreements Between Birth and Adoptive Families - Tennessee

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What may be included in postadoption contact agreements?

Citation: Ann. Code § 36-1-121(f)

No conditions shall be placed on the adoption of the child by the adoptive parents. However, nothing under this part shall be construed to prohibit 'open adoptions' where the adoptive parents permit, in their sole discretion, the parent or guardian of the child who surrendered the child or whose rights to the child were otherwise terminated, or the siblings or other persons related to the adopted child, to visit or otherwise continue or maintain a relationship with the adopted child.

Who may be a party to a postadoption contact agreement?

Citation: Ann. Code § 36-1-121(f)

The adoptive parents have the sole discretion to permit the parent or guardian of the child, or the siblings or other persons related to the adopted child, to visit or otherwise continue or maintain a relationship with the adopted child.

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

Citation: Ann. Code § 36-1-121(f)

The adoptive parents of a child shall not be required by any order of the adoption court to permit visitation by any other person, nor shall the order of the adoption court place any conditions on the adoption of the child by the adoptive parents. Any provision in an order of the court or in any written agreement or contract between the parent or guardian of the child and the adoptive parents requiring visitation or otherwise placing any conditions of the adoption shall be void and of no effect whatsoever; provided that nothing under this part shall be construed to prohibit 'open adoptions' where the adoptive parents permit, in their sole discretion, the parent or guardian of the child who surrendered the child or whose rights to the child were otherwise terminated, or the siblings or other persons related to the adopted child, to visit or otherwise continue or maintain a relationship with the adopted child.

Are agreements legally enforceable?

Citation: Ann. Code § 36-1-121(f)

The permission or agreement to permit visitation or contact shall not, in any manner whatsoever, establish any enforceable rights in the parent or guardian, the siblings, or other related persons.

How may an agreement be terminated or modified?

This issue is not addressed in the statutes reviewed.