AB 561

This bill allows a proposed adoptive parent and a birth parent or other relative

with whom a child has a substantial relationship to enter into an agreement for

postadoption contact and allows a court to approve such an agreement.

Under current law, there is no mechanism to formalize or enforce an agreement

entered into between a birth parent or other relative and a proposed adoptive parent

for postadoption contact, commonly known as an “open adoption.” Under current

law, a termination of parental rights order and an adoption permanently severs the

child's legal relationship with the birth parent and other relatives and creates the

legal relationship of parent and child between the child and the adoptive parent.

However, the Wisconsin Supreme Court has stated that in a proceeding for the

termination of parental rights, when considering the impact on the child of severing

the legal relationship between a parent or other relatives, a court may, in its

discretion, afford due weight to an adoptive parent's stated intent to permit

continued visitation between the child and the parent or other relatives, while

bearing in mind that such a promise is legally unenforceable after the termination

of parental rights and adoption.

State v. Margaret H.

, 2000 WI 42, ¶¶ 29-30.

Under the bill, a proposed adoptive parent and a birth parent or other relative

with whom the child has a substantial relationship may enter into an agreement for

postadoption contact privileges. Under the bill, a court is required to consider the

terms of any such agreement when considering the impact on the child of severing

the child's relationship with the parent or other relative. Under the bill, a

postadoption contact agreement may control the types and frequency of contact that

the parties agree to. A court in an action to terminate parental rights may approve

a postadoption contact agreement if the agreement meets certain requirements, as

specified under the bill. The bill also specifies how an agreement may be modified,

terminated, or enforced.