H-1771              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1396

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Human Services (originally sponsored by Representatives Rayburn, Leonard, Moyer, Brekke, Anderson, Heavey, Youngsman, K. Wilson and Wineberry)

Read first time 2/24/89.

AN ACT Relating to open adoption; and adding a new section to chapter 26.33 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 26.33 RCW to read as follows:

          (1) Nothing in this chapter shall be construed to prohibit the parties to a proceeding under this chapter from voluntarily disclosing their identities to each other or making arrangements regarding communication and contact between child adoptees and their birth parent or parents.

          (2) Agreements regarding contact or visitation between child adoptees and their birth parent or parents shall not be legally enforceable unless the terms of the agreement are set forth in a written court order entered in accordance with the provisions of this section.  The court shall not enter a proposed order unless the terms of such order have been approved in writing by the prospective adoptive parents, any birth parent whose rights have not previously been terminated, and, if the child is in the custody of the department or a licensed child-placing agency, a representative of the department or custodial agency. If the child is represented by an attorney or guardian ad litem in a proceeding under this chapter or in any other child custody proceeding, the terms of the proposed order must also be approved in writing by the child's representative.  The court shall not enter a proposed order unless the court finds that contact or visitation between the child adoptee and his or her birth parent or parents as set forth in the proposed order, would be in the child's best interests.

          (3) Failure to comply with the terms of an agreed order regarding contact or visitation entered pursuant to this section shall not be grounds for setting aside the adoption decree.  Enforcement or modification of an agreed order may be sought in the same manner as provided in Title 26 RCW for enforcement or modification of nonparental visitation orders.

          (4) If an agreed order regarding contact or visitation between a child adoptee and his or her birth parent or parents is entered by the court pursuant to the provisions of this section, the court shall enter a written notation in the adoption decree indicating that the adoption is an "open" adoption.