EAW:amn&cjs
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 629
January 31, 2022 - Offered by Representative Dittrich.
AB629-ASA1,1,2 1An Act to amend 48.92 (2); and to create 48.43 (2) (c) and 48.905 of the statutes;
2relating to: postadoption contact agreements.
Analysis by the Legislative Reference Bureau
This bill allows a proposed adoptive parent and a birth parent or other relative
with whom a child has a substantial relationship to enter into a legally-enforceable
agreement for postadoption contact and allows a court to approve such an
agreement.
Under current law, there is no mechanism to formalize or enforce an agreement
entered into between a birth parent or other relative and a proposed adoptive parent
for postadoption contact, commonly known as an “open adoption.” Under current
law, a termination of parental rights order and an adoption permanently severs the
child's legal relationship with the birth parent and other relatives and creates the
legal relationship of parent and child between the child and the adoptive parent.
However, the Wisconsin Supreme Court has stated that in a proceeding for the
termination of parental rights, when considering the impact on the child of severing
the legal relationship between a parent or other relatives, a court may, in its
discretion, afford due weight to an adoptive parent's stated intent to permit
continued visitation between the child and the parent or other relatives, while
bearing in mind that such a promise is legally unenforceable after the termination
of parental rights and adoption. State v. Margaret H., 2000 WI 42, ¶¶ 29-30.
Under the bill, a proposed adoptive parent and a birth parent or other relative
with whom the child has a substantial relationship may enter into an agreement for

postadoption contact privileges. Under the bill, a postadoption contact agreement
may control the types and frequency of contact that the parties agree to. A court in
an adoption proceeding may approve a postadoption contact agreement if the
agreement meets certain requirements, as specified under the bill. The bill also
specifies how an agreement may be modified, terminated, and enforced. Under the
bill, no adoption may be conditioned on the court's approval of or a party's compliance
with a postadoption contact agreement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB629-ASA1,1 1Section 1 . 48.43 (2) (c) of the statutes is created to read:
AB629-ASA1,2,32 48.43 (2) (c) A court may approve a postadoption contact agreement entered
3into under s. 48.905.
AB629-ASA1,2 4Section 2 . 48.905 of the statutes is created to read:
AB629-ASA1,2,8 548.905 Postadoption contact agreement. (1) Parties. A proposed adoptive
6parent may enter into a postadoption contact agreement with a birth parent of the
7child who is the subject of the adoption or with another former relative with whom
8the child has a substantial relationship.
AB629-ASA1,2,10 9(2) Terms. A postadoption contact agreement shall contain all of the following
10provisions:
AB629-ASA1,2,1511 (a) An acknowledgment by the birth parent or former relative that failure to
12comply with the terms of the agreement is not grounds to revoke the termination of
13the birth parent's rights or the adoption. An acknowledgment under this paragraph
14is not required if s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901
15to 1963, apply to the proceeding.
AB629-ASA1,3,216 (b) A statement by each party to the agreement that the agreement was entered
17into voluntarily, that the terms of the agreement are understood, that no promises

1or threats were made to coerce a party to enter into the agreement, and that no
2representations have been relied upon other than those contained in the agreement.
AB629-ASA1,3,73 (c) An acknowledgment that if a dispute arises about fulfillment of the terms
4of the agreement, the parties shall participate, or attempt to participate, in good
5faith, in mediation or an alternative dispute resolution process, with the mediator
6or arbitrator to be selected by mutual agreement of the parties or, if the parties
7cannot agree, the court.
AB629-ASA1,3,98 (d) A description of the postadoption contact and frequency of contact agreed
9to by the proposed adoptive parent. Contact may include any of the following:
AB629-ASA1,3,1110 1. Sharing of information about the child between the adoptive parent and the
11birth parent or former relative.
AB629-ASA1,3,1212 2. Sharing of the birth parent's or former relative's medical history.
AB629-ASA1,3,1413 3. Written, oral, or electronic communication between the child and the birth
14parent or former relative.
AB629-ASA1,3,1715 4. Visitation by the birth parent or former relative with the child under
16specified conditions or conditions that may be set by the proposed adoptive parent
17at the time of visitation.
AB629-ASA1,3,19 18(3) Approval. In a proceeding to grant an adoption, a court may approve a
19postadoption contact agreement if it finds all of the following:
AB629-ASA1,3,2220 (a) The agreement contains all of the provisions specified in sub. (2), and the
21court is satisfied that the proposed adoptive parent and the birth parent or former
22relative understand those provisions.
AB629-ASA1,3,2423 (b) The agreement is signed by the proposed adoptive parent and the birth
24parent or former relative.
AB629-ASA1,4,2
1(c) In the case of an Indian child, the Indian child's tribe has submitted a
2favorable recommendation for approval of the postadoption contact agreement.
AB629-ASA1,4,43 (d) The court determines that the birth parent or former relative will not
4undermine the proposed adoptive parent's relationship with the child.
AB629-ASA1,4,75 (e) The court determines that the birth parent or former relative will not act
6in a manner that is contrary to the proposed adoptive parent's parenting decisions
7that are related to the child's physical, emotional, educational, or spiritual welfare.
AB629-ASA1,4,108 (f) The court determines by a preponderance of the evidence that approval of
9the agreement is in the best interests of the child. In considering the best interests
10of the child under this section, the court may consider all of the following:
AB629-ASA1,4,1311 1. Whether the child has a substantial relationship with the birth parent or
12former relative, and whether it would be harmful to the child not to preserve that
13relationship.
AB629-ASA1,4,1514 2. The needs of the child and how those needs would be affected by postadoption
15contact with the birth parent or former relative as provided under the agreement.
AB629-ASA1,4,1716 3. The wishes of the child, which may be communicated by the child, or through
17the child's guardian ad litem or other appropriate professional.
AB629-ASA1,4,1918 4. Any other factor that the court determines is relevant to the best interests
19of the child.
AB629-ASA1,4,25 20(4) Stipulated modification. At any time after approval of an agreement by
21a court, the parties may agree to modify the postadoption contact agreement. The
22modified agreement shall be in writing, signed by the parties, and submitted to the
23court. The court may approve the modified agreement, without a hearing, if it finds
24by a preponderance of the evidence that modification of the agreement is in the best
25interests of the child.
AB629-ASA1,5,9
1(5) Petition to modify or terminate. At any time after approval of an
2agreement by a court, an adoptive parent may petition the court for modification or
3termination of the postadoption contact agreement. The court shall schedule a
4hearing on the petition, with notice to the adoptive parent, birth parent or former
5relative, and, in the case of an Indian child, the Indian child's tribe. The court may
6modify or terminate the agreement, after a hearing, if it finds by a preponderance
7of the evidence that modification or termination of the agreement is in the best
8interests of the child and that there has been a substantial change in circumstances
9since the agreement was approved by the court.
AB629-ASA1,5,23 10(6) Enforcement. (a) A party may petition the court for enforcement of the
11terms of the agreement after attempting mediation or an alternative dispute
12resolution process in good faith to obtain specific performance of the terms of the
13agreement. The court shall schedule a hearing on the petition, with notice to the
14adoptive parent, birth parent or former relative, and, in the case of an Indian child,
15the Indian child's tribe. The court may order specific performance of the terms of the
16agreement, after a hearing, if it finds by a preponderance of the evidence that
17enforcement is in the best interests of the child. In first attempting mediation or an
18alternative dispute resolution process, the mediator or arbitrator shall be selected
19by mutual agreement of the parties. If the parties cannot agree on a mediator or
20arbitrator, the court shall appoint the mediator or arbitrator within 30 days of a
21request by any party. The mediator or arbitrator's fees shall be paid equally by the
22adoptive parent and birth parent or former relative unless agreed otherwise in the
23mediation or ordered otherwise by the arbitrator or the court.
AB629-ASA1,6,224 (b) An agreement under this section is not enforceable for any period during
25which the child has been placed outside of the adoptive parent's home under ch. 48

1or 938, or during which the adoptive parent is denied physical placement with the
2child in a court order under ch. 767.
AB629-ASA1,6,4 3(7) Limitations. (a) No adoption may be conditioned on the court's approval
4of or a party's compliance with a postadoption contact agreement.
AB629-ASA1,6,85 (b) An agreement under this section does not affect a tribal right under s.
648.028 or under the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and may
7not impair a cultural contact agreement or other agreement made between the
8adoptive parents of a child and an Indian tribe.
AB629-ASA1,3 9Section 3 . 48.92 (2) of the statutes is amended to read:
AB629-ASA1,6,2110 48.92 (2) After the order of adoption is entered the relationship of parent and
11child between the adopted person and the adopted person's birth parents and the
12relationship between the adopted person and all persons whose relationship to the
13adopted person is derived through those birth parents shall be completely altered
14and all the rights, duties, and other legal consequences of those relationships shall
15cease to exist, unless the birth parent is the spouse of the adoptive parent, in which
16case those relationships shall be completely altered and those rights, duties, and
17other legal consequences shall cease to exist only with respect to the birth parent who
18is not the spouse of the adoptive parent and all persons whose relationship to the
19adopted person is derived through that birth parent. Notwithstanding the extinction
20of all parental rights under this subsection, a court may approve a postadoption
21contact agreement under s. 48.905 or
order reasonable visitation under s. 48.925.
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