§ 9-101.

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§ 9-101. Enforcement, modification, and termination of postadoption contact agreements

(a)An adoptive parent may petition the court to modify or terminate a postadoption contact agreement entered into under 33 V.S.A. § 5124 if the adoptive parent believes the best interests of the child are being compromised by the terms of the agreement. In an action brought under this section, the burden of proof shall be on the adoptive parent to show by clear and convincing evidence that the modification or termination of the agreement is in the best interests of the child.

(b)A former parent may petition for enforcement of a postadoption contact agreement entered into under 33 V.S.A. § 5124 if the adoptive parent is not in compliance with the terms of the agreement. In an action brought under this section, the burden of proof shall be on the former parent to show by a preponderance of the evidence that enforcement of the agreement is in the best interests of the child.

(c)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the termination of parental rights or the adoption.

(d)The court shall not act on a petition to modify or enforce the agreement unless the petitioner had in good faith participated or attempted to participate in mediation or alternative dispute resolution proceedings to resolve the dispute prior to bringing the petition for enforcement.

(e)Parties to the proceeding shall be the individuals who signed the original agreement created under 33 V.S.A. § 5124. The adopted child, if 14 years of age or older, may also participate. The Department for Children and Families shall not be required to be a party to the proceeding and the court shall not order further investigation or evaluation by the Department.

(f)The court may order the communication or contact be terminated or modified if the court deems such termination or modification to be in the best interests of the child. In making a best interests determination, the court may consider:

(1)the protection of the physical safety of the adopted child or other members of the adoptive family;

(2)the emotional well-being of the adopted child;

(3)whether enforcement of the agreement undermines the adoptive parent’s parental authority; and

(4)whether, due to a change in circumstances, continued compliance with the agreement would be unduly burdensome to one or more of the parties.

(g)A court-imposed modification of the agreement may limit, restrict, condition, or decrease contact between the former parents and the child, but in no event shall a court-imposed modification serve to expand, enlarge, or increase the amount of contact between the former parents and the child or place new obligations on the adoptive parents.

(h)A hearing held to enforce, modify, or terminate an agreement for postadoption contact shall be confidential.

(i)Failure to comply with the agreement or petitioning the court to enforce, modify, or terminate an agreement shall not form the basis for an award of monetary damages.

(j)An agreement for postadoption contact or communication under 33 V.S.A. § 5124 shall cease to be enforceable on the date the adopted child turns 18 years of age or upon dissolution of the adoption. (Added 2015, No. 60, § 11.)