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 a legally-enforceable
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 postadoption contact agreement
may control the types and frequency of contact that the parties agree to. A court in
an adoption proceeding 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, and enforced. Under the
bill, no adoption may be conditioned on the court's approval of or a party's compliance
with a postadoption contact agreement.