Section 5-308 - Agreement for postadoption contact. - Maryland Statutes

§ 5-308. Agreement for postadoption contact.
 

(a)  Authorized.-  

(1) A prospective adoptive parent and parent of a prospective adoptee under this subtitle may enter into a written agreement to allow contact, after the adoption, between: 

(i) the parent or other relative of the adoptee; and 

(ii) the adoptee or adoptive parent. 

(2) An adoptive parent and former parent of an adoptee under this subtitle may enter into a written agreement to allow contact between: 

(i) a relative or former parent of the adoptee; and 

(ii) the adoptee or adoptive parent. 

(b)  Construction of agreement.- An agreement made under this section applies to contact with an adoptee only while the adoptee is a minor. 

(c)  Dissemination; redaction.- An individual who prepares an agreement described in subsection (a)(1) of this section: 

(1) shall provide a copy to each party in a case pending as to the prospective adoptee under this subtitle or in a CINA case pending as to the prospective adoptee; and 

(2) if the agreement so provides, shall redact identifying information from the copies. 

(d)  Effect of noncompliance.- Failure to comply with a condition of an agreement made under this section is not a ground for revoking consent to, or setting aside an order for, an adoption or guardianship. 

(e)  Mediation.- If a dispute as to an agreement made under this section arises, a court may refer the parties to mediation to try to resolve the dispute. 

(f)  Enforcement.-  

(1) A juvenile court or other court of competent jurisdiction shall enforce a written agreement made in accordance with this section unless enforcement is not in the adoptee's best interests. 

(2) If a party moves in juvenile court or another court of competent jurisdiction to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adoptee's best interests, the court may modify the agreement. 
 

[2005, ch. 464, § 3.]