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Family Forum / Parenting / Adoption / December 2006



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A Question on Open Adoptions

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doug thomas - 29 Dec 2006 14:45 GMT
Bear with me while I get to my question.

Amendments to the Ontario Child And Family Services Act now contemplate
something called "openness agreements"

The legislation reads:

Openness Agreements

Who may enter into openness agreement

     153.6  (1)  For the purposes of facilitating communication or
maintaining relationships, an openness agreement may be made by an adoptive
parent of a child or by a person with whom a society or licensee has placed
or plans to place a child for adoption and any of the following persons:

          1.    A birth parent, birth relative or birth sibling of the
child.

          2.    A foster parent of the child or another person who cared
for the child or in whose custody the child was placed at any time.

          3.    A member of the child's extended family or community with
whom the child has a significant relationship or emotional tie.

          4.    An adoptive parent of a birth sibling of the child or a
person with whom a society or licensee has placed or plans to place a birth
sibling of the child for adoption.

          5.    If the child is an Indian or native person, a member of the
child's band or native community who may not have had a significant
relationship or emotional tie with the child in the past but will help the
child recognize the importance of his or her Indian or native culture and
preserve his or her heritage, traditions and cultural identity.  2006, c. 5,
s. 40.

When agreement may be made

     (2)  An openness agreement may be made at any time before or after an
adoption order is made.  2006, c. 5, s. 40.

Agreement may include dispute resolution process

     (3)  An openness agreement may include a process to resolve disputes
arising under the agreement or with respect to matters associated with it.
2006, c. 5, s. 40.

Views and wishes of child

     (4)  Where the views and wishes of the child can be reasonably
ascertained, they shall be considered before an openness agreement is made.
2006, c. 5, s. 40.

The logistics of making an openness agreement after an adoption order is
made are mind boggling. I can see where parents could be misled  by
consenting to an adoption in the belief that an openness agrement will be
made, but as it is totally new, we will have to wait and see.

My question is where I might find feedback from people who have entered into
open adoptions - the good and the bad, so that I can try to anticipate what
will be coming when people here are inquiring about open adoption for the
first time.

Doug Thomas
J. - 31 Dec 2006 21:39 GMT
> Bear with me while I get to my question.
>
[quoted text clipped - 60 lines]
>
> Doug Thomas

Doug:

Minnesota has had a similar law on the books for awhile now.  You might
contact the Minnesota State Bar Association to detemine if they have a
Family Law or Adoption Law Committee that can provide information on
how it has operated here.

J.
 
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