Adoption in Connecticut - The Changing Nature of Adoption

The Changing Nature of Adoption

Traditionally, adoption could not proceed unless the parental rights of both parents were first terminated. However, this is no longer always the case. In some instances, birth parents and legal parents have entered into "open adoption" agreements, also known as "cooperative postadoption agreements." Either or both birth parents and an intended adoptive parent may enter into a cooperative postadoption agreement regarding communication or contact between either or both birth parents and the adopted child. Such an agreement may be entered into if:

(1) The child is in the custody of the Department of Children and Families; (2) an order terminating parental rights has not yet been entered; and (3) either or both birth parents agree to a voluntary termination of parental rights, including an agreement in a case which began as an involuntary termination of parental rights. The postadoption agreement shall be applicable only to a birth parent who is a party to the agreement. Such agreement shall be in addition to those under common law. Counsel for the child and any guardian ad litem for the child may be heard on the proposed cooperative postadoption agreement. There shall be no presumption of communication or contact between the birth parents and an intended adoptive parent in the absence of a cooperative postadoption agreement.

In Michaud v. Wawrack, the Court held that an agreement between birth mother and adoptive parents, that was not part of the adoption decree, is enforceeable, provided it was in the best interests of the child. The terms of a cooperative postadoption agreement may include the following: "(1) Provision for communcation between the child and either or both birth parents; (2) provision for future contact between either or both birth parents and the child or an adoptive parent; and (3) maintenance of medical history of either or both birth parents who are a party to the agreement."