(c)__In determining if the agreement is in the best interests of the prospective adoptee, the court shall consider the following factors as favoring communication between the prospective adoptee and the birth parent or parents:

(1)__Whether the prospective adoptee and birth parent or parents lived together for a substantial period of time;

(2)__Whether the prospective adoptee exhibits attachment or bonding to the birth parent or parents; and

(3)__Whether the adoption is a foster-parent adoption when the birth parent or parents have relinquished the prospective adoptee due to an inability to adequately parent the prospective adoptee.

(d)__If the court approves the agreement, the birth parent or parents are entitled to notice of the adoption proceedings to the extent authorized by the terms of the agreement.

§9-504.__Failure to comply with court order; effect

Failure to comply with the terms of an order entered pursuant to section 9-503 is not grounds for setting aside an adoption decree, for revocation of a written consent to adoption after the consent has been approved by the court, or for revocation of a relinquishment of parental rights after the relinquishment has been accepted in writing by the court as provided in Title 22, section 4055, subsection 1, paragraph B, subparagraph (1).

§9-505.__Enforcement of order; modification; exceptional

circumstances arise

An order entered pursuant to section 9-503 may be enforced by a civil action, and the prevailing party may be awarded, as part of the costs of the action, reasonable attorney's fees.__The court may not modify an order issued under section 9-503 unless it finds that the modification is necessary to serve the best interests of the adoptee and:

(a)__The modification is agreed to by the adoptive parent or parents and the birth parent or parents; or

(b)__Exceptional circumstances have arisen since the order was entered that justify modification of the order.