Florida Senate - 2025                                     SB 558
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00963-25                                            2025558__
    1                        A bill to be entitled                      
    2         An act relating to contracts for postadoption contact;
    3         amending s. 63.0427, F.S.; defining the term “legal
    4         relative”; authorizing certain parties to enter into a
    5         written contract for postadoption contact that permits
    6         contact between an adopted child and his or her legal
    7         relatives; providing that certain contract provisions
    8         are unenforceable; requiring that a postadoption
    9         contract include certain statements; authorizing any
   10         party to such contract to file the contract with the
   11         court; requiring the court to make the contract a part
   12         of the final adoption order; providing that the
   13         continuing validity of the adoption is not contingent
   14         upon compliance with the terms of the contract;
   15         authorizing and providing requirements for
   16         enforcement, modification, or termination of the
   17         contract; prohibiting enforcement of the contract in
   18         certain circumstances; providing for automatic
   19         termination of the contract in certain circumstances;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (3) is added to section 63.0427,
   25  Florida Statutes, to read:
   26         63.0427 Agreements for continued communication or contact
   27  between adopted child and siblings, parents, and other
   28  relatives; contracts for postadoption contact.—
   29         (3)(a) As used in this section, the term “legal relative”
   30  means a person who, immediately before the entry of an order
   31  terminating parental rights, is related to the child subject to
   32  such order biologically or through any relationship established
   33  or recognized by law, court order, or marriage.
   34         (b) In lieu of, or in addition to, a postadoption
   35  communication or contact order under subsection (1), an adoptive
   36  parent and a biological parent, and the adopted child, if the
   37  adopted child is 14 years of age or older, may voluntarily enter
   38  into a written contract for postadoption contact that permits
   39  continued contact between legal relatives and the adopted child
   40  until the child reaches 18 years of age. If the adopted child is
   41  14 years of age or older, he or she must be a party to the
   42  contract and is deemed to have the capacity to enter into a
   43  contract for the purposes of this subsection.
   44         (c) A contract for postadoption contact may provide for
   45  privileges relating to the adopted child which include, but are
   46  not limited to, visitation with the child; communication and
   47  contact with the child, including, but not limited to, written
   48  correspondence and telephone calls; the sharing of information
   49  about the child; and the sharing of information about biological
   50  or adoptive parents.
   51         (d) A provision of a contract for postadoption contact is
   52  unenforceable if the provision:
   53         1. Permits contact between an adopted child and a person
   54  legally restrained from such contact; or
   55         2. Impairs the ability of the adoptive parents and child to
   56  change residence within or outside of this state.
   57         (e) A contract for postadoption contact must include the
   58  following statements in at least 14-point boldface type:
   59         1. “Failure to follow the terms of this contract, or any
   60  amendment thereto, does not invalidate a final adoption order.”
   61         2. “A disagreement between the parties to, or any action
   62  brought to enforce, this contract may not serve as the basis for
   63  any action or order affecting the custody of the adopted child.”
   64         (f) Any party to a contract for postadoption contact may
   65  file the contract with the court. A contract for postadoption
   66  contact filed with the court must be made a part of the final
   67  adoption order, but the continuing validity of the adoption is
   68  not contingent upon compliance with the terms of the contract.
   69         (g) A contract for postadoption contact may be modified or
   70  terminated upon the agreement of all parties to the contract. If
   71  there is a disagreement among such parties as to enforcement,
   72  modification, or termination of the contract, the contract may
   73  be enforced, modified, or terminated in the following manner:
   74         1. Any party to a contract for postadoption contact may
   75  seek the enforcement of the contract. An adoptive parent or
   76  child, but not a biological parent, may unilaterally seek to
   77  modify or terminate the contract. The party seeking enforcement,
   78  modification, or termination, as applicable, must deliver by
   79  certified mail or personal service to all other parties to the
   80  contract a notice stating with reasonable particularity the
   81  requested action.
   82         2. Any party who opposes the action sought may, within 30
   83  days, provide a response by certified mail or personal service.
   84         3. If after the 30-day period no response is received, or
   85  if the received response is not satisfactory, the adoptive
   86  parent must seek and obtain, at his or her own expense, a
   87  written recommendation from a psychologist licensed under
   88  chapter 490 or a clinical social worker licensed under chapter
   89  491 addressing whether the requested action is in the child’s
   90  best interests and providing other recommendations as
   91  appropriate regarding the child’s continued contact with legal
   92  relatives. The opinion of the psychological professional must be
   93  provided to the other parties by the adoptive parents within 90
   94  days after delivery of the notice required under subparagraph 1.
   95         4. If the parties are not thereafter able to reach an
   96  agreement, the parties must engage in mediation.
   97         5. If the parties are not able to reach an agreement after
   98  two mediation sessions or if any party refuses to engage in
   99  mediation, the party seeking enforcement, modification, or
  100  termination, as applicable, may petition the court for such
  101  enforcement, modification, or termination.
  102         6. In an action to enforce, modify, or terminate a contract
  103  for postadoption contact, the burden of proof is on the party
  104  seeking such enforcement, modification, or termination. The best
  105  interests of the child must be the court’s primary consideration
  106  in determining whether to enforce, modify, or terminate the
  107  contract, but the good faith of each party, any change in
  108  circumstances since the execution of the contract, and the
  109  extent of each party’s compliance with the contract may also be
  110  considered, as well as any other evidence the court finds
  111  appropriate. The court shall issue an enforcement, modification,
  112  or termination order, if appropriate, and make such order a part
  113  of the final adoption order.
  114         (h) During any period of time in which the adoptive parents
  115  temporarily lose custody of the child, the contract for
  116  postadoption contact does not terminate but may not be enforced.
  117         (i) A contract for postadoption contact automatically
  118  terminates upon the adopted child reaching 18 years of age.
  119         Section 2. This act shall take effect July 1, 2025.