Cap. 16 ст. 114AAgreementofopen adoption.

(1) When an application for an open adoption is made, the Court shall refer the case to the Adoption Service within the

Directorate of Alternative Care (Children and Youth) who shall invite all parties, including the Children’s Advocate, the person or entity entrusted with the care and custody of the minor, where this is not vested in the parents, the parents and the prospective adoptive parents to draw up an agreement of open adoption.

(2) The agreement of open adoption shall be presented to the Court for approval by not later than thirty (30) working days from the date when the case is referred to the Adoption Service within the Directorate of Alternative Care (Children and Youth).

(3) When no agreement is reached as referred to in sub-article (2), the Adoption Service within the Directorate of Alternative Care (Children and Youth) shall notify the Court by means of a note.

(4) In the cases referred to in sub-article (3), the Court shall refer the case to a family mediator, who shall invite all parties for a meeting within ten (10) working days:

Provided that all parties, including the person or entity entrusted with the care and custody of the minor, where this is not vested in the parents, the parents and the prospective adoptive parents shall participate during such mediation to draw up an agreement of open adoption:

Provided further that the mediator may hear the minor, where the minor has sufficient understanding, with the presumption that the minor has sufficient understanding unless proof is brought to the contrary:

Provided further that where parties disagree on the agreement of open adoption, the Court shall set a date to hear all parties and shall decide upon the agreement of open adoption in its final decree.

(5) The open adoption agreement shall be presented to the Court for approval by not later than thirty (30) working days from the date when the case is referred to a family mediator by the Court.

(6) The Court may order that any changes are made to the open adoption agreement, if it is in the best interest of the minor.