Section 6D. A party to a court-approved agreement for post-adoption contact or communication may seek to enforce the agreement by commencing a civil action for specific performance. A court order for specific performance of the terms of a post-adoption contact agreement shall be the sole remedy for breach of an agreement.
In such proceedings, parties shall not be entitled to the appointment of counsel; provided, however, that the court may appoint a guardian ad litem to represent the interests of the child.
In an enforcement proceeding, the court may modify the terms of the agreement if the court finds that there has been a material and substantial change in circumstances and the modification is necessary in the best interests of the child. A court-imposed modification of a previously approved agreement may limit, restrict, condition or decrease contact between the birth parents and the child but in no event shall a court-imposed modification serve to expand, enlarge or increase the amount of contact between the birth parents and the child or place new obligations on adoptive parents.
If the court finds that an action brought under this section was wholly insubstantial, frivolous and not advanced in good faith in accordance with the provisions of section 6F of chapter 231, the court may award attorney's fees to all prevailing parties.
Nothing in the agreement shall preclude a party seeking to enforce an agreement for post-adoption contact or communication from utilizing child welfare mediation or permanency mediation before, or in addition to, the commencement of a civil action for specific enforcement. All proceedings conducted under this section shall be closed to the public and confidential and papers shall be segregated in accordance with section 5D.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title III - Domestic Relations
Chapter 210 - Adoption of Children and Change of Names
Section 1 - Nature of Adoption; District or Juvenile Court
Section 2 - Written Consent of Certain Persons; Form of Consent; Identification of Father
Section 2a - Decree of Adoption; Entry; Conditions Precedent
Section 2b - Adoption Decrees; Mandatory Language
Section 3 - Dispensing With Required Consent in Certain Cases
Section 3b - Registration of Interest for Pre-Adoptive or Adoptive Placement; Criminal Record Review
Section 4a - Fathers of Children Born Out of Wedlock; Adoption Rights
Section 5 - Failure to Object After Notice; Proceedings
Section 5a - Children Under Fourteen; Adoption; Regulations; Removals
Section 5b - Adoptive Custody; Factors Considered; Request for Religious Designation
Section 5c - Inspection of Pleadings, Reports, etc.; Docket Book
Section 5d - Release of Information Concerning Adoption
Section 5e - Department of Children and Families Adoption Report
Section 6 - Decree of Court; Force and Effect; Private Hearings
Section 6a - Certificates of Adoption
Section 6b - Adoption Nunc Pro Tunc
Section 6c - Agreement for Post-Adoption Contact or Communication
Section 6d - Enforcement of Agreement
Section 6e - Decisions of Adoptive Parent on Behalf of Child
Section 9 - Succession to Property; Right of Child Adopted in Foreign State
Section 10 - Second Adoption; Effect
Section 11a - Adoption Services Offered by Certain Persons or Agencies; Penalty
Section 12 - Petitions for Change of Name
Section 13 - Notice and Certificate; Decree; Entry; Conditions Precedent