Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 558 Ì435036!Î435036 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/12/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Grall) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (3) is added to section 63.0427, 6 Florida Statutes, to read: 7 63.0427 Agreements for continued communication or contact 8 between adopted child and siblings, parents, and other 9 relatives; contracts for postadoption contact.— 10 (3)(a) In lieu of, or in addition to, a postadoption 11 communication or contact order under subsection (1), an adoptive 12 parent and a biological parent, and the adopted child, if the 13 adopted child is 12 years of age or older, may voluntarily enter 14 into a written contract for postadoption contact that permits 15 continued contact between a birth parent, siblings, and the 16 adopted child until the child reaches 18 years of age. If the 17 adopted child is 12 years of age or older, he or she must be a 18 party to the contract and is deemed to have the capacity to 19 enter into a contract for the purposes of this subsection. 20 (b) A contract for postadoption contact may provide for 21 privileges relating to the adopted child which include, but are 22 not limited to, visitation with the child; communication and 23 contact with the child, including, but not limited to, written 24 correspondence and telephone calls; the sharing of information 25 about the child; and the sharing of information about biological 26 or adoptive parents. 27 (c) A provision of a contract for postadoption contact is 28 unenforceable if the provision: 29 1. Permits contact between an adopted child and a person 30 legally restrained from such contact; or 31 2. Impairs the ability of the adoptive parents and child to 32 change residence within or outside of this state. 33 3. Objected to by the adopted child who is 12 years of age 34 or older. 35 (d) A contract for postadoption contact must include the 36 following statements in at least 14-point boldface type: 37 1. “Failure to follow the terms of this contract, or any 38 amendment thereto, does not invalidate a final adoption order.” 39 2. “A disagreement between the parties to, or any action 40 brought to enforce, this contract may not serve as the basis for 41 any action or order affecting the custody of the adopted child.” 42 (e) If the contract states the parties intend that the 43 contract shall be enforceable, the contract shall be filed with 44 the court, approved by the court in the termination of parental 45 rights and adoption proceedings in the best interest of the 46 child, and incorporated into the final judgment terminating 47 parental rights and final judgment of adoption as binding and 48 enforceable. The continuing validity of the adoption is not 49 contingent upon compliance with the terms of the contract. The 50 court shall reserve jurisdiction for the purpose of enforcing 51 the contract for postadoption contact. 52 (f) A contract for postadoption contact may be modified or 53 terminated upon the agreement of all parties to the contract. If 54 there is a disagreement among such parties as to enforcement, 55 modification, or termination of the contract, the contract may 56 be enforced, modified, or terminated in the following manner: 57 1. Any party to a contract for postadoption contact may 58 seek the enforcement of the contract. An adoptive parent or 59 child, but not a biological parent, may unilaterally seek to 60 modify or terminate the contract. The party seeking enforcement, 61 modification, or termination shall file a motion in the 62 termination of parental rights proceeding and serve the motion 63 on the other parties by the method designated in the contract. 64 2. Within 45 days of the filing of a motion under this 65 subsection, the court shall issue a case management order. 66 3. In an action to enforce, modify, or terminate a contract 67 for postadoption contact, the burden of proof is on the party 68 seeking such enforcement, modification, or termination to show 69 that such enforcement, modification, or termination is in the 70 best interest of the child by a preponderance of the evidence. 71 The best interests of the child must be the court’s primary 72 consideration in determining whether to enforce, modify, or 73 terminate the contract, but the good faith of each party, any 74 change in circumstances since the execution of the contract, and 75 the extent of each party’s compliance with the contract may also 76 be considered, as well as any other evidence the court finds 77 appropriate. The court shall issue an enforcement, modification, 78 or termination order. 79 (g) During any period of time in which the adoptive parents 80 temporarily lose custody of the child, the contract for 81 postadoption contact does not terminate but may not be enforced. 82 (h) A contract for postadoption contact automatically 83 terminates upon the adopted child reaching 18 years of age. 84 Section 2. Paragraph (e) of subsection (5) of section 85 63.102, Florida Statutes, is amended to read: 86 63.102 Filing of petition for adoption or declaratory 87 statement; venue; proceeding for approval of fees and costs.— 88 (5) PRIOR APPROVAL OF FEES AND COSTS.—A proceeding for 89 prior approval of fees and costs may be commenced any time after 90 an agreement is reached between the birth mother and the 91 adoptive parents by filing a petition for declaratory statement 92 on the agreement entitled “In the Matter of the Proposed 93 Adoption of a Minor Child” in the circuit court. 94 (e) A declaratory statement as to the adoption contract, 95 regardless of when filed, shall be consolidated with any related 96 petition for adoption. The clerk of the court shall only assess 97 one filing fee that includes the adoption action, the 98 declaratory statement petition,andthe petition for termination 99 of parental rights, and any postadoption contract actions under 100 s. 63.0427. 101 Section 3. This act shall take effect January 1, 2026. 102 103 ================= T I T L E A M E N D M E N T ================ 104 And the title is amended as follows: 105 Delete everything before the enacting clause 106 and insert: 107 A bill to be entitled 108 An act relating to contracts for postadoption contact; 109 amending s. 63.0427, F.S.; defining the term “legal 110 relative”; authorizing certain parties to enter into a 111 written contract for postadoption contact that permits 112 contact between an adopted child and his or her legal 113 relatives; providing that certain contract provisions 114 are unenforceable; requiring that a postadoption 115 contract include certain statements; authorizing any 116 party to such contract to file the contract with the 117 court; requiring the court to make the contract a part 118 of the final adoption order; providing that the 119 continuing validity of the adoption is not contingent 120 upon compliance with the terms of the contract; 121 authorizing and providing requirements for 122 enforcement, modification, or termination of the 123 contract; prohibiting enforcement of the contract in 124 certain circumstances; providing for automatic 125 termination of the contract in certain circumstances; 126 providing an effective date. 127