NRS 127D.400 Establishment and enforceability of agreement; requirements; effect on rights of adoptive parent.

501 words·~2 min read·/nv/chapter-127d-close-family-adoptions/127d-400·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The parent or parents and the prospective adoptive parent or parents of a child to be adopted may enter into an enforceable agreement that provides for postadoptive contact between:

(a)The child and the parent or parents;

(b)The adoptive parent or parents and the parent or parents; or

(c)Any combination thereof.

2. An agreement that provides for postadoptive contact is enforceable if:

(a)The agreement is in writing and signed by the parties;

(b)The agreement is incorporated into an order of adoption; and

(c)The agreement is signed by the parent or parents before:

(1)The termination or voluntary relinquishment of the parental rights of the parent or parents; or

(2)The execution of a specific consent to adoption or relinquishment.

3. The identity of a parent is not required to be included in an agreement that provides for postadoptive contact. If such information is withheld, an agent who may receive service of process for the parent must be provided in the agreement.

4. A parent or adoptive parent who enters into an agreement that provides for postadoptive contact shall include in the agreement an address at which the parent or adoptive parent may receive service of a petition filed pursuant to NRS 127D.430 unless the parent or adoptive parent elects to receive service by alternate means through electronic mail rather than certified or registered mail, in which case, the electronic mail address must be included in the agreement. If a parent or adoptive parent refuses or fails to include such an address in an agreement that provides for postadoptive contact, the court may, on the date on which the court enters an order of adoption which incorporates the agreement, order the child-placing agency to provide the court with the contact information of the parent or adoptive parent who refused or failed to include the address.

If a court so orders, the court shall:

(a)Append the address to the agreement for postadoptive contact; and

(b)Make the address available to any party to the agreement who wishes to file a petition pursuant to NRS 127D.430 .

5. If a parent or adoptive parent changes the address that was included in an agreement that provides for postadoptive contact pursuant to subsection 4, the parent shall file with the clerk of the court notice of the change of address within 15 days after the change of address.

6. A court that enters an order of adoption which incorporates an agreement that provides for postadoptive contact shall retain jurisdiction to enforce, modify or terminate the agreement that provides for postadoptive contact until:

(a)The child reaches 18 years of age;

(b)The child becomes emancipated; or

(c)The agreement is terminated.

7. The establishment of an agreement that provides for postadoptive contact does not affect the rights of an adoptive parent as the legal parent of the child as set forth in NRS 127A.250 .