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Are open adoption agreements legally enforceable in Indiana? Our STBAK bio mother is asking about what contact she is going to get. I don't want to agree to anything that I will regret later.
Thanks!
yes they are. Standard is 2 to 4 visits a year. I agreed to 2. In one case I offered only pics and update, they refused and were TPR'd. Is this foster? and if so is the CW encouraging you to do it?
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The parents were TPR'd and we are to adopt the kids soon. Bios are wanting to know what contact they get to have. So, I was wondering if what we told them now would be set in stone.
We went through this with our baby, too. The deal is, if TPR was involuntary (if DCS did it through the courts) then there is NO obligation to set up visits. The bp's lost that right and they can't even request visits/contact.
If the parents voluntarily reliquished, then adoptive parents can choose to set up visits/remain in contact, but it's not even put into the court documents at adoption. At least, it wasn't for us and both of our son's bp's did voluntarily relinquish. Any future visits or emails/pictures are given only if we want them to.
We are CHOOSING to keep limited contact and at our discretion with bmom and birth grandma, but absolutely none with bdad.
Lori1001
are you sure? I dont think they are..of course I could be wrong.. .
I assure you, if you do a post adopt that is filed with the adoption petition it is legally binding in the State of Indiana. I didn't even sign mine, but it was filed with the state and my Lawyer assures me it is valid and enforceable as long as it was filed. She is a highly respected, well recognized as well as experienced adoption attorney by the way.
However, anything you "tell" them now, No, that is not set in stone. "Here's kind of where we are/what were thinking . . ."
No, you aren't required to do one, but sometimes it is highly encouraged to save the state the cost of trial or if the evidence for TPR is on the light side. Also, in my son's case there was family stepping forward and the parent was willing to do a specific consent (sign rights away only if I adopted, their voluntary termination paperwork listed my name as whom they were surrendering their rights to) if I agreed to a Post Adopt. I however agreed because in my particular case I felt continued contact would be beneficial in the long run to my child.
I had no choice in whether it was filed with the adoption petition, and it would seem unethical to me to do one and it not be filed in a State where PAA are legally enforeceable . . . but that is my opinion only.
Now in one parent's case, I offered updates/pictures but I was very clear that I would not sign a Post Adopt with them.
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bluebird38
The parents were TPR'd and we are to adopt the kids soon. Bios are wanting to know what contact they get to have. So, I was wondering if what we told them now would be set in stone.
If they are already TPR'd . . . not sure I would do a formal one. It would depend on the age of the child, the child's connection with the parents and the safety of maintaining contact. Most aren't still in effect after several years anyway. I included some reason's to void the agreement, missed visits and incarceration were my primary concerns.