1.1 	A bill for an act
1.2 	relating to adoption; changing certain provisions
1.3 	concerning communication or contact agreements;
1.4 	amending Minnesota Statutes 2004, section 259.58.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 259.58, is
1.7 	amended to read:
1.8 	259.58 COMMUNICATION OR CONTACT AGREEMENTS.
1.9 	Adoptive parents and a birth relative or foster parents may
1.10 	enter an agreement regarding communication with or contact
1.11 	between an adopted minor, adoptive parents, and a birth relative
1.12 	or foster parents under this section.  An agreement may be
1.13 	entered between:
1.14 	(1) adoptive parents and a birth parent;
1.15 	(2) adoptive parents and any other birth relative or foster
1.16 	parent with whom the child resided before being adopted; or
1.17 	(3) adoptive parents and any other birth relative if the
1.18 	child is adopted by a birth relative upon the death of both
1.19 	birth parents.
1.20 	For purposes of this section, "birth relative" means a
1.21 	parent, stepparent, grandparent, brother, sister, uncle, or aunt
1.22 	of a minor adoptee.  This relationship may be by blood,
1.23 	adoption, or marriage.  For an Indian child, birth relative
1.24 	includes members of the extended family as defined by the law or
1.25 	custom of the Indian child's tribe or, in the absence of laws or
2.1 	custom, nieces, nephews, or first or second cousins, as provided
2.2 	in the Indian Child Welfare Act, United States Code, title 25,
2.3 	section 1903.
2.4 	(a) An agreement regarding communication with or contact
2.5 	between minor adoptees, adoptive parents, and a birth relative
2.6 	is not legally enforceable unless the terms of the agreement are
2.7 	contained in a written court order entered in accordance with
2.8 	this section.  An order may be sought at any time before a
2.9 	decree of adoption is granted.  The order must be issued within
2.10 	30 days of being submitted to the court or by the granting of
2.11 	the decree of adoption, whichever is earlier.  The court shall
2.12 	not enter a proposed order unless the terms of the order have
2.13 	been approved in writing by the prospective adoptive parents, a
2.14 	birth relative or foster parent who desires to be a party to the
2.15 	agreement, and, if the child is in the custody of or under the
2.16 	guardianship of an agency, a representative of the agency.  A
2.17 	birth parent must approve in writing of an agreement between
2.18 	adoptive parents and any other birth relative or foster parent,
2.19 	unless an action has been filed against the birth parent by a
2.20 	county under chapter 260.  An agreement under this section need
2.21 	not disclose the identity of the parties to be legally
2.22 	enforceable.  The court shall not enter a proposed order unless
2.23 	the court finds that the communication or contact between the
2.24 	minor adoptee, the adoptive parents, and a birth relative as
2.25 	agreed upon and contained in the proposed order would be in the
2.26 	minor adoptee's best interests.  The court shall mail a
2.27 	certified copy of the order to the parties to the agreement or
2.28 	their representatives at the addresses provided by the
2.29 	petitioners.
2.30 	(b) Failure to comply with the terms of an agreed order
2.31 	regarding communication or contact that has been entered by the
2.32 	court under this section is not grounds for:
2.33 	(1) setting aside an adoption decree; or
2.34 	(2) revocation of a written consent to an adoption after
2.35 	that consent has become irrevocable.
2.36 	(c) An agreed order entered under this section may be
3.1 	enforced by filing a petition or motion with the family court
3.2 	that includes a certified copy of the order granting the
3.3 	communication, contact, or visitation, but only if the petition
3.4 	or motion is accompanied by an affidavit that the parties have
3.5 	mediated or attempted to mediate any dispute under the agreement
3.6 	or that the parties agree to a proposed modification.  The
3.7 	prevailing party may be awarded reasonable attorney's fees and
3.8 	costs.  The court shall not modify an agreed order under this
3.9 	section unless it finds that the modification is necessary to
3.10 	serve the best interests of the minor adoptee, and:
3.11 	(1) the modification is agreed to by the parties to the
3.12 	agreement; or
3.13 	(2) exceptional circumstances have arisen since the agreed
3.14 	order was entered that justify modification of the order.
3.15 	(d) A written communication or contact agreement between
3.16 	prospective adoptive parents and birth relatives must be
3.17 	included in the final adoption decree.
3.18 	(e) If, prior to entry of the adoption decree, the
3.19 	prospective adoptive parents do not honor the communication or
3.20 	contact agreement, the adoptive placement must be terminated.
3.21 	(f) If a written communication or contact agreement is not
3.22 	honored by the child placing agency or governmental unit
3.23 	responsible for the adoptive placement, that agency or
3.24 	governmental unit, as a fine, must forfeit any money received
3.25 	under the Adoption and Safe Families Act of 1997 or a similar
3.26 	program.  The money must be deposited in the general fund.
3.27 	(g) Adoptive parents of a minor adoptee receiving an
3.28 	adoption subsidy from a governmental unit who fail to honor a
3.29 	communication or contact agreement forfeit the subsidy to the
3.30 	general fund.
3.31 	(h) Birth relatives who fail to comply with the terms of
3.32 	the written communication or contact agreement by allowing
3.33 	prohibited contact between the minor adoptee, a birth relative,
3.34 	or other individual not allowed contact with the minor adoptee
3.35 	lose all rights to communication or contact with the minor
3.36 	adoptee.
4.1 	(i) A written communication or contact agreement between
4.2 	adoptive parents and birth relatives is presumed to be in the
4.3 	best interest of the minor adoptee.  The burden of proof is on
4.4 	the adoptive parents to show by clear and convincing evidence
4.5 	the written communication or contact agreement is not in the
4.6 	best interest of the minor adoptee.