Birth Mother v. Adoptive Parents

I disagree with the majority’s conclusion that the contract allowing the birth mother continued contact with the adopted child is unenforceable. The majority’s decision abrogates the appellant’s freedom to contract, which this court should refrain from doing unless absolutely necessary.1

As the majority notes, NAC 127.210(4)(c) authorizes child-placing agencies to offer open adoptions allowing continued contact between the adoptive family and the biological parent. Additionally, on its face, NRS 127.160 does not prohibit agreements like those permitted by NAC 127.210(4)(c). Thus, Nevada has no…