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Senate panel approves voluntary post‑adoption contact agreements bill

March 31, 2021 | JUDICIARY COMMITTEE - SENATE, Senate, Committees, Legislative, Arkansas


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Senate panel approves voluntary post‑adoption contact agreements bill
Senator Clark presented Senate Bill 1‑67 to authorize voluntary post‑adoption contact agreements between adoptive parents and birth relatives that can specify visitation, contact and exchange of information. The bill allows courts to enforce or terminate agreements if enforcement is in the child's best interest by a preponderance of the evidence, and makes clear enforcement does not provide grounds to undo an adoption.

Clark said judges from Georgia and advocates described post‑adoption agreements as beneficial and that the statute would legalize and standardize arrangements that already occur informally. He acknowledged opposition from some judges and DCFS, who fear the provision could make termination decisions easier or have unintended consequences in complex cases.

Supporters said the statute is voluntary and can preserve family ties when appropriate; skeptics warned it could create leverage for birth relatives or complicate adoption stability. The sponsor acknowledged trade‑offs but argued the benefit of preserving family connections outweighs potential problems, and noted Georgia's experience had not produced the feared harms. The committee voted to pass the bill by voice vote.

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