SENATE BILL REPORT

EHB 1587

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

Providing for open adoptions.

House Committe on Human Services

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 22, 1988; February 25, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Bailey, Vice Chairman; Craswell, Garrett, Stratton.

Senate Staff:Carol Pedigo (786-7417)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 25, 1988

BACKGROUND:

Proponents of this bill believe in certain limited circumstances it is inappropriate for information surrounding an adoption to be kept secret.  There is research and clinical data which support the beneficial aspects of a more flexible, case-by-case approach to adoption.  Children adopted at older ages, who know their birth parents, often have a clear need for some access to that parent following adoption.

Washington's law is silent on the subject of open adoptions, and appeals courts have ruled conservatively in support of strict legal definitions of rights.  As the proponents envision it, in an "open" adoption, the needs and wishes of all parties could be incorporated into a final adoption plan.

SUMMARY:

The statute regarding adoption, RCW 26.33, is amended to include a section on "open" adoption contracts.  An adoption may be declared "open" if the court finds it is in the child's best interest 1) to have access to information about the natural parents, 2) to allow the child's whereabouts to be known by the natural parents, and 3) all parties to the proceeding agree the adoption should be declared open.

Any party to the adoption proceeding may file a proposed adoption contract.  The court is given authority to determine whether or not the adoption should be considered an "open" adoption.  The contract shall include a method of initiating contact between the child and natural parents and the nature of a visitation schedule or agreement between the parties.

Each contract must include a statement about the child's right to refuse contact with the natural parents at any time.  The contract must also include a statement signed by all parties to the proceeding stating they agree to the terms and conditions of the contract.

Violation of the adoption contract by itself would not constitute grounds for setting aside the adoption.

SUMMARY OF PROPOSED SENATE AMENDMENT:

An intent section is added which makes it clear that open adoptions are to be used only in extraordinary circumstances and that the use of open adoption should in no way jeopardize the parent-child relationship established between child and adoptive parent.

A definition of open adoption is added.  Open adoptions are allowed only for children 12 years of age or older.  Language is added which makes it clear that visitation is only an option in open adoptions and would not be required in all open adoptions.

A method of dispute resolution must be agreed to in the adoption contract.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Mauree McKaen, Washington Code Review Panel; Brian Linn, Lutheran Social Services; Margaret Casey, Catholic Community Services; Joyce Hopson, DSHS