A post-adoption contact agreement is a voluntary agreement that determines the amount of contact birth and adoptive families have after the adoption becomes final.
In Nevada, post-adoption contact agreements are legally enforceable if the agreement is in writing and signed by both parties and included in an order or decree of adoption.
Who may be included in the agreement:
-The adopted child and their natural parents/parent
-The adoptive parents and the natural parents
What is the role of the court in the agreement:
The court reserves the right to terminate, modify, or enforce contract agreements until the adopted child turns 18, the child becomes emancipated, or the court terminates the agreement.
A post-adoption contact agreement does not affect the rights of the adoptive parent’s as the legal parents of the child.
Before a decree of adoption becomes final, the court must notify the adoption agency, the attorney representing the adoptive parents, and the child, that the natural and adoptive parents have entered into a post-adoption contact agreement.
The court must request a copy of the agreement to be incorporated into the decree of adoption.
Are agreements legally enforceable?:
Yes, as long as the agreement is entered into before the final decree of adoption, signed in writing by both parties, and acknowledged by both parties that the agreement does not affect the rights adoptive parents as the legal parents. The court retains jurisdiction over the agreement.
Contact must be enforced not later than 120 after the agreement was reached.
How agreements may be terminated/modified:
The agreement may be terminated or modified if adoptive parents petition the court that completed the decree of adoption. The court grants the request to modify or terminate the post-adoption contact agreement only if the adoptive parent establishes that:
-Changes in circumstance warrant the modification or termination
-The contact provided for in the agreement is no longer in the child’s best interest
Any order to modify the agreement:
-May limit, restrict, or decrease the amount of contact between the parties involved in the agreement
-May not expand or increases the amount of contact between the parties involved or place new obligations on the adoptive parents
SOURCE: § 127.187; 127.188; 127.1885; 127.1895