§ 112-b. Post-adoption contact agreements; judicial approval;\nenforcement.
1.Nothing in this section shall be construed to prohibit\nthe parties to a proceeding under this chapter from entering into an\nagreement regarding communication with or contact between an adoptive\nchild, adoptive parent or parents and a birth parent or parents and/or\nthe adoptive child's biological siblings or half-siblings.\n 2. Agreements regarding communication or contact between an adoptive\nchild, adoptive parent or parents, and a birth parent or parents and/or\nbiological siblings or half-siblings of an adoptive child shall not be\nlegally enforceable unless the terms of the agreement are incorporated\ninto a written court order entered in accordance with the provisions of\nthis section. The court shal
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§ 112-b. Post-adoption contact agreements; judicial approval;\nenforcement. 1. Nothing in this section shall be construed to prohibit\nthe parties to a proceeding under this chapter from entering into an\nagreement regarding communication with or contact between an adoptive\nchild, adoptive parent or parents and a birth parent or parents and/or\nthe adoptive child's biological siblings or half-siblings.\n 2. Agreements regarding communication or contact between an adoptive\nchild, adoptive parent or parents, and a birth parent or parents and/or\nbiological siblings or half-siblings of an adoptive child shall not be\nlegally enforceable unless the terms of the agreement are incorporated\ninto a written court order entered in accordance with the provisions of\nthis section. The court shall not incorporate an agreement regarding\ncommunication or contact into an order unless the terms and conditions\nof the agreement have been set forth in writing and consented to in\nwriting by the parties to the agreement, including the attorney\nrepresenting the adoptive child. The court shall not enter a proposed\norder unless the court that approved the surrender of the child\ndetermined and stated in its order that the communication with or\ncontact between the adoptive child, the prospective adoptive parent or\nparents and a birth parent or parents and/or biological siblings or\nhalf-siblings, as agreed upon and as set forth in the agreement, would\nbe in the adoptive child's best interests. Notwithstanding any other\nprovision of law, a copy of the order entered pursuant to this section\nincorporating the post-adoption contact agreement shall be given to all\nparties who have agreed to the terms and conditions of such order.\n 3. Failure to comply with the terms and conditions of an approved\norder regarding communication or contact that has been entered by the\ncourt pursuant to this section shall not be grounds for setting aside an\nadoption decree or revocation of written consent to an adoption after\nthat consent has been approved by the court as provided in this section.\n 4. An order incorporating an agreement regarding communication or\ncontact entered under this section may be enforced by any party to the\nagreement or the attorney for the child by filing a petition in the\nfamily court in the county where the adoption was approved. Such\npetition shall have annexed to it a copy of the order approving the\nagreement regarding communication or contact. The court shall not\nenforce an order under this section unless it finds that the enforcement\nis in the child's best interests.\n 5. If a birth parent has surrendered a child to an authorized agency\npursuant to the provisions of section three hundred eighty-three-c or\nsection three hundred eighty-four of the social services law, and if the\ncourt before whom the surrender instrument was presented for approval\napproved an agreement providing for communication or contact pursuant to\nparagraph (a) of subdivision two of section three hundred eighty-\nthree-c or paragraph (a) of subdivision two of section three hundred\neighty-four of the social services law, a copy of the surrender\ninstrument and of the approved agreement shall be annexed to the\npetition of adoption. The court shall issue an order incorporating the\nterms and conditions of the approved agreement into the order of\nadoption. Notwithstanding any other provision of law, a copy of any\norder entered pursuant to this subdivision shall be given to the parties\nwho approved such agreement.\n 6. If a surrender instrument executed by a birth parent pursuant to\nsection three hundred eighty-three-c or three hundred eighty-four of the\nsocial services law contains terms and conditions that provide for\ncommunication with or contact between a child and a birth parent or\nparents, such terms and conditions shall not be legally enforceable\nafter any adoption approved by a court pursuant to this article unless\nthe court has entered an order pursuant to this section incorporating\nthose terms and conditions into a court ordered adoption agreement.\n