Conditional Surrenders:
the Pros and Cons
Presented by Margaret A. Burt
NYS Citizens' Coalition for Children, Inc.
13th Annual Statewide Adoption Training Conference
Adoption 2002: Linking Promises to Possibilities
May 10, 2002 • Albany New York  
 
This AGREEMENT , made this Xth day of month/year by and between birthmother of address by and between foster parent of address and foster parent of address.


WHEREAS, birthmother is the Mother of child born month/day/year; and


WHEREAS, name(s) of foster parents are certified foster parents who have cared for child under the auspices and supervision of agency from on or about month/day year until the present; and


WHEREAS, the parties after due deliberation and consideration with each other and with their respective counsel, desire to enter into an Agreement whereby the best interests of the child will be met.

NOW, THEREFORE, in consideration of the mutual promises, agreements, and covenants contained herein, it is mutually and voluntarily agreed, covenanted, and promised by each party hereto as follows:

 

  1. Birthmother shall sign a Judicial surrender instrument releasing child for adoption by foster parent(s).
  2. The surrender instrument shall be based upon the terms and conditions set forth herein, and this Agreement shall be referenced in and attached to said surrender instrument, and the porvision of this Agreement shall not be merged in the surrender instrument but shall survive the surrender.
  3. Foster parent(s) shall seek to perfect a complete and legal Adoption of child with due deliberate speed.
  4. Birthmother shall have visitation with child twice a year if child's therapist so consents and recommends. Said visits shall be supervised and shall not exceed three (3) hours in length with all conditions as to exact time, place, and supervisor determined one week in advance based upon the recommendations of the therapist. The visits shall be approximately six months apart. A missed visit will not be rescheduled.
  5. Foster parent(s) shall contact birthmother to inform her one week in advance of the terms of the visit.
  6. If birthmother's fails to visit child's for more than one year, although permitted to do so, foster parent(s), in their sole discretion, may cease all future visitation. In choosing whether to cease visitation, foster parent(s) will be guided by the best interests of child.
  7. There shall be no other contact between birthmother and child in person, phone, or by mail unless foster parent(s) agree that such contact would be in the best interest of child .
  8. When child is seventeen years of age (s)he shall make any and all decisions regarding contact with birthmother.
  9. Once per year, at the end of the school year, foster parent(s) shall provide birthmother with a copy of child's school picture, a summary of his/her school progress and current health. Birthmother is responsible to keep foster parent(s) informed of all changes in address and foster parent(s) are responsible to notify birthmother 30 days in advance of any permanent move of residence out of the county of name.
  10. Foster parent(s) shall inform birthmother immediately of any situation that is life threatening to child.
  11. The parties agreed to speak positively at all times to child of each other and continue to call the child child's name.
  12. Birthmother's attorney shall receive notice of the adoption proceeding for the purpose of ascertaining that this Agreement and its terms are reflected therein.
  13. The parties agree that the surrender of the child will not be null or voided per se upon any allegation of the violation of these terms. The parties agree that future modification of these terms may be in the best interests of child. If one party alleges a violation of these terms or believes a modification to be in the best interest of child then all parties hereby consent to child's therapist mediating any such issue.

IN WITNESS HERETO, the parties have place their signature:

 

__________________           _____________
Mother of Child

                                                                        
 Adoptive Mother

                                                                         
Adoptive Father  

WITNESSED BY:                                                                                   
                                       Law Guardian

                                                                         
Agency Attorney or Agency Representative

                                                                         
Attorney for Mother

                                                                         
Attorney for Adoptive Mother and Father

 

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6/24/02