S.F. _____ Section 1. Section 144.24, Code 2018, is amended to read as 1 follows: 2 144.24 Substituting new for original birth certificates —— 3 inspection. 4 If a new certificate of birth is established, the actual 5 place and date of birth shall be shown on the certificate. 6 The certificate shall be substituted for the original 7 certificate of birth. Thereafter, the original certificate 8 and the evidence of adoption, paternity, legitimation, or 9 sex change shall not be subject to inspection except under 10 order of a court of competent jurisdiction, including but 11 not limited to an order issued pursuant to section 600.16A , 12 as provided in an open adoption to the extent specifically 13 allowed in a voluntary postadoption contact agreement pursuant 14 to section 600.12B, or as provided by administrative rule 15 for statistical or administrative purposes only. However, 16 the state registrar shall, upon the application of an adult 17 adopted person, a biological parent, an adoptive parent, or 18 the legal representative of the adult adopted person, the 19 biological parent, or the adoptive parent, inspect the original 20 certificate and the evidence of adoption and reveal to the 21 applicant the date of the adoption and the name and address of 22 the court which issued the adoption decree. 23 Sec. 2. Section 600.2, subsection 1, Code 2018, is amended 24 to read as follows: 25 1. “Child” , “parent” , “parent-child relationship” , 26 “termination of parental rights” , “biological parent” , 27 “stepparent” , “guardian” , “custodian” , “guardian ad litem” , 28 “minor” , “adoption service provider” , “certified adoption 29 investigator” , “adult” , “agency” , “department” , “court” , and 30 “juvenile court” , “gestational carrier” , “open adoption” , and 31 “voluntary postadoption contact agreement” , mean the same as 32 defined in section 600A.2 . 33 Sec. 3. Section 600.5, Code 2018, is amended by adding the 34 following new subsection: 35 -1- LSB 5897XC (5) 87 pf/rh 1/ 11

S.F. _____ NEW SUBSECTION . 14. Whether the adoptive parent and 1 any biological parent of the child are establishing an open 2 adoption and entering into a voluntary postadoption contact 3 agreement. 4 Sec. 4. Section 600.6, Code 2018, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 6. A copy of any voluntary postadoption 7 contact agreement for which the adoptive parent and any 8 biological parent requires the approval of the juvenile court 9 or court. 10 Sec. 5. NEW SECTION . 600.12B Open adoption —— voluntary 11 postadoption contact agreement. 12 1. Open adoption —— voluntary postadoption contact agreement. 13 a. An adoptive parent of a child may enter into an open 14 adoption by executing a voluntary postadoption contact 15 agreement with any biological parent of the child, unless the 16 adoption involves a gestational carrier or if the biological 17 parent’s parental rights were terminated pursuant to chapter 18 232. 19 b. An adoption service provider shall, prior to or at the 20 time of seeking a release of custody under section 600A.4, 21 provide notification to an adoptive parent and any biological 22 parent that, subject to court approval, the parties may enter 23 into a voluntary postadoption contact agreement. 24 c. If a child is fourteen years of age or older at the time 25 of the issuance of an adoption decree, the child must consent 26 to the voluntary postadoption contact agreement. 27 2. Prohibited provisions of a voluntary postadoption contact 28 agreement. The juvenile court or court shall not approve a 29 voluntary postadoption contact agreement that provides for any 30 of the following: 31 a. That the biological parent is allowed unsupervised 32 visitation with the child at any time. 33 b. That the biological parent may reasonably expect the 34 child to refer to the biological parent as “mother”, “father”, 35 -2- LSB 5897XC (5) 87 pf/rh 2/ 11

S.F. _____ or any derivative of those terms. 1 c. That the biological parent may share pictures or videos 2 of the child on any social media platform. 3 d. That the adoptive parent is in any way prohibited from 4 relocating. 5 e. That the biological parent retains any rights generally 6 reserved to a parent. 7 3. Approval of a voluntary postadoption contact 8 agreement. The juvenile court or court shall approve a 9 voluntary postadoption contact agreement required to be filed 10 as an attachment to an adoption petition pursuant to section 11 600.6, if the juvenile court or court determines that all of 12 the following conditions are met: 13 a. The agreement has been entered into knowingly and 14 voluntarily by all parties and is accompanied by an affidavit 15 made under oath that affirmatively states the agreement was 16 entered into knowingly and voluntarily and is not the product 17 of coercion, fraud, or duress. The affidavit may be executed 18 jointly or separately by the biological parent and the adoptive 19 parent. 20 b. The agreement specifically advises the biological parent 21 that the agreement is based on the personal circumstances of 22 the parties at the time the agreement is entered into, and 23 that continuation of the agreement is subject to the adoptive 24 parent’s continuing assessment that such agreement is in the 25 best interest of the child. 26 c. The agreement does not contain any of the prohibited 27 conditions specified in subsection 2. 28 d. The agreement is otherwise in the best interest of the 29 child. In making this determination, the factors that the 30 juvenile court or court shall consider but is not limited to 31 considering include: 32 (1) The stated desires of the adoptive parent and the 33 biological parent. 34 (2) The willingness and ability of the biological parent to 35 -3- LSB 5897XC (5) 87 pf/rh 3/ 11

S.F. _____ respect and appreciate the parent-child relationship between 1 the child and the adoptive parent. 2 (3) The willingness and ability of the adoptive parent to 3 respect and appreciate the benefit to the child of continuing 4 contact between the child and the biological parent. 5 (4) Any evidence of abuse or neglect of the child by the 6 biological parent. 7 (5) Any history of alcohol or substance abuse on the part of 8 the biological parent. 9 (6) Any other factor the court deems relevant. 10 4. Legal effect of voluntary postadoption contact 11 agreement. A voluntary postadoption contact agreement shall not 12 be legally enforceable unless approved by the juvenile court or 13 court. Such agreement shall not be entered into by the parties 14 until the parental rights of the biological parents have been 15 terminated and all time frames for appeal or vacation of the 16 termination of parental rights order have expired. The fact 17 that a biological parent believes that a prospective adoptive 18 parent will agree to enter into a voluntary postadoption 19 contact agreement and later does not agree to enter into such 20 an agreement, or the refusal of an adoptive parent to enter 21 into such an agreement, shall not be considered fraud and does 22 not otherwise constitute good cause pursuant to section 600A.4, 23 subsection 4, for the purposes of revocation of a release of 24 custody previously executed. 25 5. Termination or modification of voluntary postadoption 26 contact agreement —— recourse for adoptive parent. Following 27 approval of a voluntary postadoption contact agreement by the 28 juvenile court or court, if an adoptive parent reasonably 29 believes that it is no longer in the best interest of the 30 child for the adoptive parent to comply with the terms of the 31 agreement, the adoptive parent may do any of the following: 32 a. Notify the biological parent, in writing, of the 33 determination that compliance with the agreement is no 34 longer in the best interest of the child and the reasons 35 -4- LSB 5897XC (5) 87 pf/rh 4/ 11

S.F. _____ for the determination, and provide the biological parent the 1 opportunity to address the reasons for the determination. 2 b. Petition the juvenile court or court to modify or 3 terminate the agreement. Only an adoptive parent may file 4 a petition to modify or terminate a voluntary postadoption 5 contact agreement. 6 (1) An action to modify or terminate a voluntary 7 postadoption contact agreement shall be brought in the juvenile 8 court or court of the county in which the adoption decree was 9 entered or in which the adopted child resides. There shall be 10 a rebuttable presumption that the adoptive parent’s request to 11 modify or terminate the agreement is in the best interest of 12 the child. 13 (2) Following notice and hearing, the juvenile court or 14 court may grant an order to modify or terminate a voluntary 15 postadoption contact agreement, if the court finds by clear 16 and convincing evidence that the modification or termination 17 is in the best interest of the child. If the action involves 18 a child fourteen years of age or older, the juvenile court or 19 court shall consider the stated objections of the child in 20 determining the best interest of the child. 21 6. Refusal to comply with a voluntary postadoption contact 22 agreement —— recourse for biological parent. Following approval 23 of a voluntary postadoption contact agreement by the juvenile 24 court or court, if a biological parent reasonably believes 25 an adoptive parent is improperly refusing to comply with the 26 agreement, the biological parent may petition the juvenile 27 court or court to compel the adoptive parent to comply with 28 the terms of the agreement. The action to compel compliance 29 with the voluntary postadoption contact agreement shall be 30 brought in the juvenile court or court of the county in which 31 the adoption decree was entered or in which the adopted child 32 resides. 33 a. In any action to compel compliance under this subsection, 34 the burden of proof shall be on the biological parent to 35 -5- LSB 5897XC (5) 87 pf/rh 5/ 11

S.F. _____ show by clear and convincing evidence that a continuation of 1 the voluntary postadoption contact agreement is in the best 2 interest of the child. There shall be a rebuttable presumption 3 that the adoptive parent’s failure to comply with the agreement 4 is in the best interest of the child. 5 b. If the action involves a child fourteen years of age or 6 older, the juvenile court or court shall consider the stated 7 objections of the child in determining the best interest of the 8 child. 9 c. The best interest of the child shall be the paramount 10 factor in determining whether the terms of the voluntary 11 postadoption contact agreement should be enforced. 12 d. Any action brought by a biological parent to enforce the 13 terms of a voluntary postadoption contact agreement shall be 14 tried in equity and the appointment of counsel by the court to 15 represent the interest of the biological parent is not required 16 regardless of the financial circumstances of the biological 17 parent. 18 e. If the juvenile court or court determines by clear and 19 convincing evidence that an adoptive parent is violating a 20 court-ordered voluntary postadoption contact agreement and the 21 violation is contrary to the best interest of the child, the 22 court may do any of the following: 23 (1) Require the adoptive parent to immediately comply with 24 the agreement. 25 (2) Order the adoptive parent to participate in counseling 26 or mediation with the biological parent to resolve the dispute 27 which led to the adoptive parent’s failure to comply with the 28 agreement. 29 f. (1) After notice and hearing, if the court orders an 30 adoptive parent to comply with the voluntary postadoption 31 contact agreement or to participate in counseling or mediation 32 with the biological parent pursuant to paragraph “e” , but 33 the adoptive parent willfully and intentionally continues to 34 violate the court order to comply or participate, the adoptive 35 -6- LSB 5897XC (5) 87 pf/rh 6/ 11

S.F. _____ parent may be held in contempt and punished in accordance with 1 chapter 665. 2 (2) Failure of an adoptive parent to comply with a court 3 order to comply with the voluntary postadoption contact 4 agreement or to participate in counseling or mediation, even 5 after being held in contempt, shall not be grounds for setting 6 aside an adoption decree. 7 Sec. 6. Section 600.16, Code 2018, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 5. Notwithstanding any provision to the 10 contrary, this section shall not apply to an open adoption 11 to the extent disclosure of information otherwise protected 12 under this section is specifically allowed in a voluntary 13 postadoption contact agreement. 14 Sec. 7. Section 600.16A, Code 2018, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 7. Notwithstanding any provision to the 17 contrary, this section shall not apply to an open adoption 18 to the extent disclosure of information otherwise protected 19 under this section is specifically allowed in a voluntary 20 postadoption contact agreement. 21 Sec. 8. Section 600A.2, Code 2018, is amended by adding the 22 following new subsections: 23 NEW SUBSECTION . 9A. “Gestational carrier” means a woman 24 who carries a fertilized embryo, to which she has no biological 25 relationship, to term. 26 NEW SUBSECTION . 14A. “Open adoption” means an agreement, 27 the specific terms of which shall be incorporated into a 28 voluntary postadoption contact agreement, between one or both 29 biological parents and an adoptive parent of a child that 30 allows a biological parent to maintain contact with the adopted 31 child and establish a nonparental relationship with the child 32 following adoption. 33 NEW SUBSECTION . 21. “Voluntary postadoption contact 34 agreement” means a voluntary written agreement between an 35 -7- LSB 5897XC (5) 87 pf/rh 7/ 11

S.F. _____ adoptive parent and a biological parent whose rights have been 1 terminated pursuant to chapter 600A, that is approved by the 2 court and provides for continuing contact or communication 3 between the child and the biological parent or between the 4 adoptive parent and the biological parent. 5 Sec. 9. Section 600A.4, subsection 2, Code 2018, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . l. Shall state that a biological parent 8 was informed of the possibility of entering into a voluntary 9 postadoption contact agreement with the adoptive parent, 10 subject to approval of the juvenile court or court. The 11 biological parent shall be informed that a voluntary 12 postadoption contact agreement shall not be entered into 13 until the parental rights of the biological parents have been 14 terminated and all time frames for appeal or vacation of the 15 termination of parental rights order have expired. The fact 16 that a biological parent believes that a prospective adoptive 17 parent will agree to enter into a voluntary postadoption 18 contact agreement but later does not agree to enter into such 19 an agreement, or the refusal of an adoptive parent to enter 20 into such an agreement, shall not be considered fraud and does 21 not otherwise constitute good cause pursuant to subsection 22 4 for the purposes of revocation of a release of custody 23 previously executed. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill provides for open adoptions and voluntary 28 postadoption contact agreements relative to private termination 29 of parental rights and adoption proceedings. 30 The bill provides definitions used in the bill including 31 “gestational carrier”, “open adoption”, and “voluntary 32 postadoption contact agreement”. 33 The bill requires that an adoption petition include a 34 statement as to whether the adoptive parent and any biological 35 -8- LSB 5897XC (5) 87 pf/rh 8/ 11

S.F. _____ parent of the child are establishing an open adoption and 1 entering into a voluntary postadoption contact agreement. 2 Additionally, a copy of the voluntary postadoption contact 3 agreement, for which the adoptive parent and any biological 4 parent requires the approval of the juvenile court or court, 5 must be attached to the adoption petition. 6 The bill provides that an adoptive parent of a child 7 may enter into an open adoption by executing a voluntary 8 postadoption contact agreement with any biological parent 9 of the child, unless the adoption involves a gestational 10 carrier or if the biological parent’s parental rights were 11 terminated pursuant to Code chapter 232 (juvenile justice). 12 An adoption service provider is required, prior to or at the 13 time of seeking a release of custody, to provide notification 14 to an adoptive parent and any biological parent that, subject 15 to court approval, the parties may enter into a voluntary 16 postadoption contact agreement. Such agreement shall not be 17 entered into by the parties until the parental rights of the 18 biological parents have been terminated and all time frames 19 for appeal or vacation of the termination of parental rights 20 order have expired. The fact that a biological parent believes 21 that a prospective adoptive parent will agree to enter into a 22 voluntary postadoption contact agreement but later does not 23 agree to enter into such an agreement, or the refusal by the 24 adoptive parent to enter into a voluntary postadoption contact 25 agreement, shall not be considered fraud and does not otherwise 26 constitute good cause for the purposes of revocation of a 27 release of custody. If a child who is being adopted is 14 years 28 of age or older at the time of the issuance of an adoption 29 decree, the child must consent to the voluntary postadoption 30 contact agreement. 31 The bill specifies certain prohibited provisions from 32 being included in a voluntary postadoption contact agreement, 33 and requires approval of the agreement, which was filed as 34 an attachment to the adoption petition, by a juvenile court 35 -9- LSB 5897XC (5) 87 pf/rh 9/ 11

S.F. _____ or court based on certain factors in order to be legally 1 enforceable, including that the agreement is in the best 2 interest of the child. 3 The bill provides recourse for the adoptive parent to 4 either notify the biological parent to informally address 5 issues relating to compliance with a voluntary postadoption 6 contract agreement, or to petition the juvenile court or 7 court to modify or terminate a voluntary postadoption contact 8 agreement following approval by the juvenile court or court, 9 if an adoptive parent reasonably believes that it is no longer 10 in the best interest of the child for the adoptive parent to 11 comply with the terms of the agreement. Additionally, the 12 bill provides recourse for a biological parent to petition the 13 juvenile court or court to compel an adoptive parent to comply 14 with the agreement if a biological parent reasonably believes 15 an adoptive parent is improperly refusing to comply with the 16 agreement. The court’s decision in both cases is based on 17 the best interest of the child, and if the action involves a 18 child 14 years of age or older, the juvenile court or court 19 shall consider input from the child in determining what is in 20 the child’s best interest. If the juvenile court or court 21 determines by clear and convincing evidence that an adoptive 22 parent is violating a court-ordered voluntary postadoption 23 contact agreement and the violation is contrary to the best 24 interest of the child, the court may require the adoptive 25 parent to immediately comply with the agreement or order the 26 adoptive parent to participate in counseling or mediation with 27 the biological parent to resolve the dispute which led to the 28 adoptive parent’s failure to comply with the agreement. After 29 notice and hearing, if the court orders an adoptive parent to 30 comply with the voluntary postadoption contact agreement or 31 to participate in counseling or mediation with the biological 32 parent, but the adoptive parent willfully and intentionally 33 continues to violate the court order to comply with the 34 voluntary postadoption contact agreement or participate 35 -10- LSB 5897XC (5) 87 pf/rh 10/ 11

S.F. _____ in counseling or mediation with the biological parent, the 1 adoptive parent may be held in contempt. However, failure of 2 an adoptive parent to comply with a court order to comply with 3 the voluntary postadoption contact agreement or to participate 4 in counseling or mediation, even after being held in contempt, 5 shall not be grounds for setting aside an adoption decree. 6 The bill also provides that the disclosure of certain 7 information relating to adoption records and termination of 8 parental rights records is inapplicable to an open adoption to 9 the extent the disclosure of information otherwise protected 10 is specifically allowed in the voluntary postadoption 11 contact agreement. The bill also makes conforming changes 12 in Code section 144.24 (substituting new for original 13 birth certificates —— inspection) and in Code chapter 600A 14 (termination of parental rights). 15 -11- LSB 5897XC (5) 87 pf/rh 11/ 11