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.