HF 2964

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to family law; clarifying use of communication or contact agreements;
amending Minnesota Statutes 2004, section 259.58.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 259.58, is amended to read:

259.58 COMMUNICATION OR CONTACT AGREEMENTS.

Adoptive parents and a birth relative or foster parents may enter an agreement
regarding communication with or contact between an adopted minor, adoptive parents, and
a birth relative or foster parents under this section. An agreement may be entered between:

(1) adoptive parents and a birth parent;

(2) adoptive parents and any other birth relative or foster parent with whom the child
resided before being adopted; or

(3) adoptive parents and any other birth relative if the child is adopted by a birth
relative upon the death of both birth parents.

For purposes of this section, "birth relative" means a parent, stepparent, grandparent,
brother, sister, uncle, or aunt of a minor adoptee. This relationship may be by blood,
adoption, or marriage. For an Indian child, birth relative includes members of the extended
family as defined by the law or custom of the Indian child's tribe or, in the absence of laws
or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child
Welfare Act, United States Code, title 25, section 1903.

(a) An agreement regarding communication with or contact between minor adoptees,
adoptive parents, and a birth relative is not legally enforceable unless the terms of the
agreement are contained in a written court order entered in accordance with this section.
An order may be sought at any time before a decree of adoption is granted. The order
must be issued within 30 days of being submitted to the court or by the granting of the
decree of adoption, whichever is earlier. The court shall not enter a proposed order unless
the terms of the order have been approved in writing by the prospective adoptive parents,
a birth relative or foster parent who desires to be a party to the agreement, and, if the child
is in the custody of or under the guardianship of an agency, a representative of the agency.
A birth parent must approve in writing of an agreement between adoptive parents and any
other birth relative or foster parent, unless an action has been filed against the birth parent
by a county under chapter 260. An agreement under this section need not disclose the
identity of the parties to be legally enforceable. The court shall not enter a proposed order
unless the court finds that the communication or contact between the minor adoptee, the
adoptive parents, and a birth relative as agreed upon and contained in the proposed order
would be in the minor adoptee's best interests. The court shall mail a certified copy of
the order to the parties to the agreement or their representatives at the addresses provided
by the petitioners.

(b) Failure to comply with the terms of an agreed order regarding communication or
contact that has been entered by the court under this section is not grounds for:

(1) setting aside an adoption decree; or

(2) revocation of a written consent to an adoption after that consent has become
irrevocable.

(c) An agreed order entered under this section may be enforced by filing a petition
or motion with the family court that includes a certified copy of the order granting the
communication, contact, or visitation, but only if the petition or motion is accompanied by
an affidavit that the parties have mediated or attempted to mediate any dispute under the
agreement or that the parties agree to a proposed modification. The prevailing party may
be awarded reasonable attorney's fees and costs. The court shall not modify an agreed
order under this section unless it finds that the modification is necessary to serve the
best interests of the minor adoptee, and:

(1) the modification is agreed to by the parties to the agreement; or

(2) exceptional circumstances have arisen since the agreed order was entered that
justify modification of the order.

new text begin (d) For children under state guardianship when there is a written communication
or contact agreement between prospective adoptive parents and birth relatives other than
birth parents it must be included in the final adoption decree unless all the parties agree
to omit it. If the adoptive parents or birth relatives do not honor the communication or
contact agreement, the court shall determine the terms of the communication and contact
agreement.
new text end