HOUSE BILL REPORT

EHB 1587

BYRepresentatives Rayburn, Leonard, Moyer, Anderson, Crane, Dellwo, Rust and Lux

Providing for open adoptions.

House Committe on Human Services

Majority Report:  Do pass with amendments.  (9)

      Signed by Representatives Brekke, Chair; Scott, Vice Chair; Anderson, Leonard, Moyer, Padden, H. Sommers, Sutherland and Winsley.

House Staff:Jean Wessman (786-7132)

AS PASSED HOUSE FEBRUARY 10, 1988

BACKGROUND:

Since the 1940's, adoption has been characterized as a closed proceeding with original birth records sealed, and closed door courtroom proceedings excluding 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.

Certainly there continue to be circumstances where such birth information may best be left 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 other situations where the genetic background of an individual is required.

The Washington State Code Review Panel recommends 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:

A new section is added to the adoption statutes whereby the court may order that an adoption be open when it is in the best interests of the child to have information about it's natural parents and when the best interests of that child will not be affected by the natural parents knowing his or her whereabouts.  All parties to the proceedings, including birth parents, must agree to the open adoption.

Any party to the adoption proceeding may file a proposed adoption contract which shall be included in the adoption order at the court's discretion. The contract shall include a method of initiating contact between the parties, the nature of any agreement between the parties, and a statement regarding the child's right to refuse contact.  An adoption shall not be set aside due to violation of the contract. A stipulation that all parties to the adoption contract agree to its terms shall be included in the contract.  All parties shall sign the agreement.

The parties to an adoption hearing may disclose information regarding the hearing in accordance with the adoption contract issued in open adoptions.  The records of adoption proceedings may be inspected in accordance with an open adoption order.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Representative Margaret Rayburn, Prime Sponsor, Brian Linn, Lutheran Social Services of Washington; and Joyce Hopson, Department of Social and Health Services.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    For too long have adoptions been conducted in total secrecy even when there is agreement among the parties that the process should be open.  This process may not appropriate for all instances but where the parties all agree, there should be access to birth parent information, contact between the parties if desired and open records.  This will protect those cases that should continue to be kept secret but provide a process whereby in certain situations, important medical information can be obtained from these open records when agreed to by the participants in the proceeding.

House Committee - Testimony Against:      None Presented.