Indiana § 31-19-16-9 - Privileges without court approval

§ 31-19-16-9. Privileges without court approval

Sec. 9. Postadoption contact privileges are permissible without court approval in an adoption of a child who is less than twelve (12) months of age upon the agreement of the adoptive parents and a birth parent. However, postadoption contact privileges under this section may not include visitation. A postadoption contact agreement under this section:

(1) is not enforceable;

(2) may include contact through photographs, written and verbal updates, and other forms of communication;

(3) does not have to be in writing; and

(4) does not affect the:

(A) validity of a:

(i) consent to an adoption; or

(ii) waiver of notice; or

(B) finality of the adoption.

As added by P.L.196-1997, SEC.10. Amended by P.L.2-1998, SEC.76; P.L.113-2017, SEC.13; P.L.116-2026, SEC.4.

IC 31-19-16.5Chapter 16.5. Postadoption Sibling Contact

31-19-16.5-1Order for postadoption sibling contact 31-19-16.5-2Determination by court; considerations 31-19-16.5-3Effect of noncompliance with order 31-19-16.5-4Persons entitled to file petition to vacate or modify order 31-19-16.5-5Vacation or modification of order; time; appointment of guardian ad litem or advocate 31-19-16.5-6Guardian ad litem or court appointed special advocate 31-19-16.5-7Violation of order; prohibited penalties

IC 31-19-16.5-1Order for postadoption sibling contact Sec. 1. At the time an adoption decree is entered, the court entering the decree may order the adoptive parents to provide specific postadoption contact for an adopted child who is at least two (2) years of age with a pre-adoptive sibling if:

(1) the court determines that the postadoption contact would serve the best interests of the adopted child; and

(2) each adoptive parent consents to the court's order for postadoption contact privileges.

As added by P.L.196-1997, SEC.11.

IC 31-19-16.5-2Determination by court; considerations Sec. 2. In making its determination under section 1 of this chapter, the court shall consider any relevant evidence, including the following:

(1) A recommendation made by a licensed child placing agency sponsoring the adoption.

(2) A recommendation made by the adopted child's court appointed special advocate or guardian ad litem.

(3) A recommendation made by the local office or other agency that prepared a report of its investigation and its recommendation as to the advisability of the adoption under IC 31-19-8-5.

(4) Wishes expressed by the adopted child or adoptive parents.

As added by P.L.196-1997, SEC.11. Amended by P.L.128-2012, SEC.58.

IC 31-19-16.5-3Effect of noncompliance with order Sec. 3. If postadoption contact is ordered under this chapter, the adoption is irrevocable even if the adoptive parents do not abide by the postadoption contact order.

As added by P.L.196-1997, SEC.11.

IC 31-19-16.5-4Persons entitled to file petition to vacate or modify order Sec. 4. The following persons may file a petition requesting that the court vacate or modify a postadoption contact order with a pre-adoptive sibling or to compel an adoptive parent to comply with the postadoption contact order:

(1) A pre-adoptive sibling by:

(A) next friend; or

(B) guardian ad litem or court appointed special advocate.

(2) The adopted child by:

(A) next friend; or

(B) guardian ad litem or court appointed special advocate as described in section 5 of this chapter.

(3) An adoptive parent.

As added by P.L.196-1997, SEC.11.

IC 31-19-16.5-5Vacation or modification of order; time; appointment of guardian ad litem or advocate Sec. 5. The court may vacate or modify a postadoption contact order entered under this chapter at any time after the adoption if the court determines, after a hearing, that it is in the best interests of the adopted child. Before hearing the petition to:

(1) vacate or modify; or

(2) compel compliance with;

the postadoption contact order, the court may appoint a guardian ad litem or court appointed special advocate to represent and protect the best interests of the adopted child. However, the court may only appoint a guardian ad litem or court appointed special advocate for the adopted child under this chapter if the interests of an adoptive parent differ from the child's interests to the extent that the court determines that the appointment is necessary to protect the best interests of the child.

As added by P.L.196-1997, SEC.11.

IC 31-19-16.5-6Guardian ad litem or court appointed special advocate Sec. 6. The provisions regarding the representation, duties, and appointment of a guardian ad litem or court appointed special advocate by a juvenile court described under IC 31-32-3 apply to postadoption contact proceedings under this chapter.

As added by P.L.196-1997, SEC.11.

IC 31-19-16.5-7Violation of order; prohibited penalties Sec. 7. The court may not:

(1) award monetary damages; or

(2) revoke an adoption decree;

if the court finds that a postadoption contact order entered under this chapter has been violated.

As added by P.L.196-1997, SEC.11.

IC 31-19-17Chapter 17. Preparation of Adoption History for Adoptive Parents

31-19-17-1Application of chapter 31-19-17-2Report of medical, psychological, and educational records of birth parents 31-19-17-3Exclusion of information identifying birth parent; release of records concerning child to adoptive parents and adoptee 31-19-17-4Summary of social, medical, psychological, and educational records of child 31-19-17-5Information of social, medical, psychological, and educational records concerning child for adoption granted before July 1, 1993; excluding information identifying birth parent