BILL REPORT

HB 1396

BYRepresentatives Rayburn, Leonard, Moyer, Brekke, Anderson, Heavey, Youngsman, K. Wilson and Wineberry

Creating an open adoption policy.

House Committe on Human Services

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

      Signed by Representatives Bristow, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Tate, Assistant Ranking Republican Member; Anderson, Brekke, Hargrove, Leonard, Padden, Raiter and Winsley.

House Staff:Jean Wessman (786-7132)

AS REPORTED BY COMMITTEE ON HUMAN SERVICES FEBRUARY 20, 1989

BACKGROUND:

Since the 1940's, adoption has been characterized as a closed proceeding with original birth records sealed. Courtroom proceedings have excluded even the child in certain circumstances. Secrecy has pervaded the process in order to prevent the adoptive parents from undergoing unwanted intrusion from the birth parents, to protect the child whom it was felt could not cope with the information, and to allow the birth parents to continue on with their lives.

There are some circumstances where such information should remain unknown.  However, recent research has shown that there may be benefits to a more flexible arrangement on a case-by-case basis particularly when necessary for medical reasons, such as bone marrow transplants, or when availability of the genetic background of an individual would assist in treatment.

The Washington State Juvenile Code Review Panel in 1987 recommended that allowance be made in statute for open adoptions at the court's discretion in order to have flexibility in instances where an open adoption would serve the best interests of the child. This discretion would apply to prospective adoptions only.

SUMMARY:

SUBSTITUTE BILL: Nothing prohibits parties to an adoption proceeding from voluntarily disclosing their identities to each other or making arrangements for contact between the adoptive child and his or her birth parent(s).

Such an agreement is not legally enforceable unless the terms of the agreement are set forth in a written court order agreed to by all the parties to the adoption proceeding. The court shall not enter such an order unless it finds that it would be in the best interests of the child.  Failure to comply with the terms of the order shall not be grounds for setting aside the adoption decree. Enforcement or modification of the order shall be handled under the provisions of visitation rights granted to non-parental persons under the domestic relations act.

The court upon entering an agreed order shall note in the adoption decree that the adoption is an "open" adoption.

SUBSTITUTE BILL COMPARED TO ORIGINAL: The amendments to existing law allowing parties to an "open" adoption access to adoption hearings and records are not required and are deleted.  The specific terms and conditions of an "open" adoption and the required written statements of all parties are deleted. Modification of an "open" adoption order is provided for under existing domestic relations law.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Brian Linn, Lutheran Social Services; Laurie Lippold, Children's Home Society of Washington.

House Committee - Testified Against:      None Presented

House Committee - Testimony For:    Adoption proceedings are changing.  Today more than ever before, there are both medical and social reasons for allowing the parties to an adoption to have the option to agree on whether they desire the adoption to be "closed" or "open."  Many adoptions today are characterized by informal arrangements for contact between the child and the birth parent(s).  If more formal agreements are desired, the court should have the ability to enter an agreed order in the adoption record and be able to modify the agreement just as in any visitation agreement.

House Committee - Testimony Against:      None Presented.