H-888                _______________________________________________

                                                   HOUSE BILL NO. 1396

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 1/23/89 and referred to Committee on Human Services.

AN ACT Relating to open adoptions; amending RCW 26.33.060 and 26.33.330; and adding a new section to chapter 26.33 RCW.

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

        Sec. 1.  Section 6, chapter 155, Laws of 1984 and RCW 26.33.060 are each amended to read as follows:

          All hearings under this chapter shall be heard by the court without a jury.  Unless the parties and the court agree otherwise, proceedings of contested hearings shall be recorded.  The general public shall be excluded and only those persons shall be admitted whose presence is requested by any person entitled to notice under this chapter or whom the judge finds to have a direct interest in the case or in the work of the court.  Persons so admitted shall not disclose any information obtained at the hearing which would identify the individual adoptee or parent involved except in accordance with an adoption contract issued in open adoptions under section 3 of this 1989 act.  The court may require the presence of witnesses deemed necessary to the disposition of the petition, including persons making any report, study, or examination which is before the court if those persons are reasonably available.  A person who has executed a valid waiver need not appear at the hearing.  If the court finds that it is in the child's best interest, the child may be excluded from the hearing.

        Sec. 2.  Section 33, chapter 155, Laws of 1984 and RCW 26.33.330 are each amended to read as follows:

          (1) All records of any proceeding under this chapter shall be sealed and shall not be thereafter open to inspection by any person except upon order of the court for good cause shown or in accordance with specific terms of an open adoption order under section 3 of this 1989 act.

          (2) The state registrar of vital statistics may charge a reasonable fee for the review of any of its sealed records.

NEW SECTION. Sec. 3.  A new section is added to chapter 26.33 RCW to read as follows:

          (1) In an original adoption proceeding, the court may order that an adoption be declared "open" if the court finds that:

          (a) All parties to the proceeding, including the birth parents, agree that the adoption should be declared "open";

          (b) It is in the child's best interest to have access to information about the natural parents; and

          (c) The child's best interests will be served by allowing the child's whereabouts to be known by the natural parents.

          (2) Any party to the proceeding may file a proposed adoption contract that shall be reviewed by the court and included in the adoption order in the discretion of the court.  The adoption contract shall include:

          (a) A method of initiating contact between the child and the natural parents;

          (b) The nature of any visitation schedule or agreement between the parties;

          (c) A statement of the child's right to refuse contact with the natural parents at any time; and

          (d) A statement that all parties to the proceeding agree to the terms and conditions of the adoption contract.  The contract shall be signed by all parties to the proceeding.

          (3) Violation of the adoption contract shall not by itself constitute grounds for setting aside an adoption.