CHAPTER 16. POSTADOPTION VISITATION PRIVILEGES
IC 31-19-16
Chapter 16. Postadoption Visitation Privileges
IC 31-19-16-1
Postadoption contact privileges granted to birth parent
Sec. 1. At the time an adoption decree is entered, the courtentering the adoption decree may grant postadoption contactprivileges under section 2 of this chapter to a birth parent who has:
(1) consented to the adoption; or
(2) voluntarily terminated the parent-child relationship.
As added by P.L.1-1997, SEC.11. As amended by P.L.196-1997,SEC.4.
IC 31-19-16-2
Procedure
Sec. 2. A court may grant postadoption contact privileges if:
(1) the court determines that the best interests of the childwould be served by granting postadoption contact privileges;
(2) the child is at least two (2) years of age and the court findsthat there is a significant emotional attachment between thechild and the birth parent;
(3) each adoptive parent consents to the granting ofpostadoption contact privileges;
(4) the adoptive parents and the birth parents:
(A) execute a postadoption contact agreement; and
(B) file the agreement with the court;
(5) the licensed child placing agency sponsoring the adoptionand the child's court appointed special advocate or guardian adlitem appointed under IC 31-32-3 recommends to the court thepostadoption contact agreement, or if there is no licensed childplacing agency sponsoring the adoption, the county office offamily and children or other agency that prepared an adoptionreport under IC 31-19-8-5 is informed of the contents of thepostadoption contact agreement and comments on theagreement in the agency's report to the court;
(6) consent to postadoption contact is obtained from the childif the child is at least twelve (12) years of age; and
(7) the postadoption contact agreement is approved by the court.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.5.
IC 31-19-16-3
Postadoption contact agreement
Sec. 3. A postadoption contact agreement filed under section 2(4)of this chapter must contain the following provisions:
(1) An acknowledgment by the birth parents that the adoptionis irrevocable, even if the adoptive parents do not abide by thepostadoption contact agreement.
(2) An acknowledgment by the adoptive parents that theagreement grants the birth parents the right to seek to enforcethe postadoption privileges set forth in the agreement.As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.6.
IC 31-19-16-4
Modification or enforcement of agreement
Sec. 4. A birth parent or an adoptive parent may file a petitionwith the court entering the adoption decree for the followingpurposes:
(1) To modify the postadoption contact agreement.
(2) To compel a birth parent or an adoptive parent to complywith the postadoption contact agreement.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.7.
IC 31-19-16-5
Monetary damages
Sec. 5. The court may not award monetary damages as a result ofthe filing of a petition under section 4 of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-16-6
Voiding or modifying agreement
Sec. 6. (a) The court may void or modify a postadoption contactagreement approved under this chapter at any time before or after theadoption if the court determines after a hearing that the best interestof the child requires the voiding or modifying of the agreement.
(b) Before the court:
(1) voids or modifies an agreement; or
(2) hears a motion to compel compliance with an agreementapproved under this chapter;
the court may appoint a guardian ad litem or court appointed specialadvocate under IC 31-32-3 to represent and protect the best interestsof the child.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.8.
IC 31-19-16-7
Guardian ad litem or court appointed special advocate
Sec. 7. The provisions of IC 31-32-3 concerning the:
(1) representation;
(2) duties;
(3) liabilities; and
(4) appointment;
of a guardian ad litem or court appointed special advocate apply toproceedings under this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-16-8
Revocation of adoption decree barred as sanction fornoncompliance with agreement
Sec. 8. A court may not revoke an adoption decree because a birthparent or an adoptive parent fails to comply with a postadoptioncontact agreement approved by a court under this chapter.As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.9.
IC 31-19-16-9
Privileges without court approval
Sec. 9. Postadoption contact privileges are permissible withoutcourt approval in an adoption of a child who is less than two (2)years of age upon the agreement of the adoptive parents and a birthparent. However, postadoption contact privileges under this sectionmay not include visitation. A postadoption contact agreement underthis section:
(1) is not enforceable; and
(2) does not affect the finality of the adoption.
As added by P.L.196-1997, SEC.10. Amended by P.L.2-1998,SEC.76.