SB 558 — Contracts for Postadoption Contact

Florida Senate - 2025 CS for SB 558 By Senatorthe GrallCommittee 29-00963-25on 2025558__Children, AFamilies, billand toElder beAffairs; entitled An act relating to contracts for postadoption contact;

and Senator Grall 586-02325-25 2025558c1 A bill to be entitled An act relating to contracts for postadoption contact;

definingauthorizing thecertain termparties “legalto relative”;enter into a written contract for postadoption contact which permits contact between an adopted child and his or her birth parent and siblings;

authorizing certain parties to enter into a written contract for postadoption contact that permits contact between an adopted child and his or her legal relatives;

authorizingrequiring anythat partythe tocontract suchbe contractfiled towith, fileapproved theby, contractand withentered into a certain final judgment by the court;court under certain circumstances;

requiring the court to make the contract a part of the final adoption order;

amending s.

63.102, F.S.;

including postadoption contract actions in the actions for which the clerk of the court shall assess one filing fee;

63.0427 Agreements for continued communication or contact between adopted child and siblings, parents, and other relatives;Page 1 of 5 CODING:

contracts for postadoption contact.— (3)(a) As used in this section, the term “legal relative” Page 1 of 5 CODING:

Florida Senate - 2025 CS for SB 558 29-00963-25586-02325-25 2025558__2025558c1 meansrelatives; a person who, immediately before the entry of an order terminating parental rights, is related to the child subject to such order biologically or through any relationship established or recognized by law, court order, or marriage.

(b)contracts for postadoption contact.— (3)(a) In lieu of, or in addition to, a postadoption communication or contact order under subsection (1), an adoptive parent and a biological parent, and the adopted child, if the adopted child is 1412 years of age or older, may voluntarily enter into a written contract for postadoption contact that permits continued contact between legala relativesbirth parent, siblings, and the adopted child until the child reaches 18 years of age.

If the adopted child is 1412 years of age or older, he or she must be a party to the contract and is deemed to have the capacity to enter into a contract for the purposes of this subsection.

(c)(b) A contract for postadoption contact may provide for privileges relating to the adopted child which include, but are not limited to, visitation with the child;

(d)(c) A provision of a contract for postadoption contact is unenforceable if the provision:

or 2.

Impairs the ability of the adoptive parents and child to change residence within or outside of this state.state;

(e)or A3. contract for postadoption contact must include the following statements in at least 14-point boldface type:

PageIs 2objected to by the adopted child, if the adopted child is 12 years of 5age CODING:or older.

(d) A contract for postadoption contact must include the following statements in at least 14-point boldface type:

1.

“Failure to follow the terms of this contract, or any Page 2 of 5 CODING:

Florida Senate - 2025 CS for SB 558 29-00963-25586-02325-25 2025558__2025558c1 1.amendment thereto, does not invalidate a final adoption order.” 2.

“Failure“A todisagreement followbetween the termsparties ofto, or any action brought to enforce, this contract,contract ormay not serve as the basis for any amendmentaction thereto,or doesorder notaffecting invalidatethe acustody of the adopted child.” (e) If the contract states the parties intend that the contract shall be enforceable, the contract shall be filed with the court, approved by the court in the termination of parental rights and adoption proceedings in the best interest of the child, and incorporated into the final judgment terminating parental rights and final judgment of adoption order.”as 2.binding and enforceable.

“AThe disagreementcontinuing betweenvalidity of the partiesadoption to,is or any action brought to enforce, this contract may not servecontingent asupon thecompliance basiswith for any action or order affecting the custodyterms of the adoptedcontract. child.” (f) Any party to a contract for postadoption contact may file the contract with the court.

AThe contract for postadoption contact filed with the court mustshall bereserve madejurisdiction afor part of the finalpurpose adoption order, but the continuing validity of theenforcing adoption is not contingent upon compliance with the termscontract offor thepostadoption contract.contact.

(g)(f) A contract for postadoption contact may be modified or terminated upon the agreement of all parties to the contract.

The party seeking enforcement, modification, or termination,termination asshall applicable,file musta delivermotion byin certifiedthe mailtermination orof personalparental servicerights toproceeding alland otherserve partiesthe tomotion on the contractother aparties noticeby statingthe withmethod reasonabledesignated particularityin the requestedcontract. action.

AnyWithin party45 whodays opposesafter the actionfiling soughtof may,a withinmotion 30under days,this provideparagraph, athe responsecourt byshall certifiedissue maila orcase personalmanagement service.order.

IfIn afteran theaction 30-dayto periodenforce, nomodify, response is received, or ifterminate the received response is not satisfactory, the adoptive parent must seek and obtain, at his or her own expense, a writtencontract recommendation from a psychologist licensed under Page 3 of 5 CODING:

Florida Senate - 2025 CS for SB 558 29-00963-25586-02325-25 2025558__2025558c1 chapterfor 490postadoption orcontact, athe clinicalburden socialof workerproof licensedis underon chapterthe 491party addressingseeking whetherenforcement, themodification, requestedor actiontermination isto inshow that the child’senforcement, bestmodification, interestsor andtermination providingis otherin recommendationsthe asbest appropriateinterests regardingof the child’schild continuedby contacta withpreponderance legalof relatives.the evidence.

The opinion of the psychological professional must be provided to the other parties by the adoptive parents within 90 days after delivery of the notice required under subparagraph 1.

4.

If the parties are not thereafter able to reach an agreement, the parties must engage in mediation.

5.

If the parties are not able to reach an agreement after two mediation sessions or if any party refuses to engage in mediation, the party seeking enforcement, modification, or termination, as applicable, may petition the court for such enforcement, modification, or termination.

6.

In an action to enforce, modify, or terminate a contract for postadoption contact, the burden of proof is on the party seeking such enforcement, modification, or termination.

The court shall issue an enforcement, modification, or termination order, if appropriate, and make such order a part of the final adoption order.