SENATE BILL REPORT

SB 6307

BYSenator Kiskaddon

Providing for open adoptions.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 25, 1988

Senate Staff:Carol Pedigo (786-7417)

AS OF JANUARY 21, 1988

BACKGROUND:

Proponents of this bill believe in certain 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 to 1)  have access to information about the natural parents, and 2)  to allow the child's whereabouts to be known by the natural parents.

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.

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

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 19, 1988