Open Adoption & DeFacto Custodian
Some States: Open Adoption (agreements) & De Facto Custodian Open Adoption (agreements)
These laws allow the parties to enter into an enforceable agreement that sets forth terms (type, frequency and duration) for post-adoption contact. A few state laws provide only for non-binding agreements. The laws that provide for enforceable agreements specify that violation of the agreement does not invalidate the adoption. (Guide Note: Some apply to all adoptions, some only to older child adoptions, some require consent of the agency, others encourage mediation, others have no provisions for enforcement, and so on.)
Alaska: (code to be added)
Arizona: AZ Stat. 8-116.01
California: CA Family Code 8714.7 (kinship adoptions)
Florida: FL Stat. 39.811(7)(b)
Indiana: IN Code 31-19-16
Maryland: MD Family Law Code 5.312(e)
Massachusetts: MA Stat Ch. 210, 6C and 6D
Minnesota: MN Stat. 259.58
Missouri: (non-binding)
Montana: MT Code 42-5-301
Nebraska: NE Revised Stat. 43: 162-165
New Mexico: NM Stat. 32A-5-35
New York: NY Social Services Law 383-c 5 (b)
Ohio: OH Code 3107.62 - 3107.65 (non-binding agreements)
Oregon: OR Revised Stat. 109.305
Rhode Island: RI Gen. Laws 15-7-14.1
South Dakota: (code to be added)
Tennessee: TN Code 36-1-121(f) (non-binding agreements)
Washington: WA Code 26.33.295
West Virginia: WV Code 48-4-12
De Facto Custodian These laws basically give caregivers the same standing as parents in custody cases if they satisfy the definition of "
de facto custodian."
"
De facto custodian" is defined as the primary caregiver and financial support of a child who has lived with that person for at least (1) six months if the child is under age three; and (2) one year if the child is at least age three. After the court makes its finding that the person is a
de facto custodian, he or she has the same legal standing in custody cases as a parent and his or her input concerning the child is considered by the court. Custody of the child is then determined based on the best interests of the child.
Indiana: IN Code, 31-9-2-35.5; 31-14-13-2.5; 31-17-2-8; and 31-17-2-8.5
Kentucky: KY Statutes, 403.270; 403.340; 403.350; 403.420; and 405.020
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