Post-adoption contact agreements may allow parents placing a child for adoption to have contact with and receive information about the child after adoption.
Our Pensacola adoption lawyers at Gulf Coast Adoptions explains what you need to know about post-adoption contact agreements.
What Are Post-Adoption Contact Agreements?
Post-adoption contract agreements are formal, written contracts between adoptive parents and parents placing a child for adoption. The agreement allows for placing parents or biological family members to have continued contact with the child after the adoption is complete. Post-adoption contract agreements are flexible and can be tailored to the specific situation.
Legal Standing of Post-Adoption Contact Agreements
The legal standing of post-adoption contact agreements varies by state and such agreements are not enforceable in all states.
Florida
In Florida, post adoption agreements, whether formal or informal, are typically not enforceable except for very specific and limited situations. In dependency cases where the Department of Children and Families is involved and has terminated the biological parents’ rights, the Court may consider the appropriateness of post adoption communication or contact to include visits, written correspondence or telephone calls between the child and his or her siblings, or upon agreement with the adoptive parents, between the child and the biological parents. The Court makes the determination based on the best interest of the child and would set forth the post communication agreement in the form of an order which can be modified as needed in the future.
See Florida Statutes § 63.0427.
In all other Florida adoption matters, post adoption communication agreements, whether verbal or in writing are not enforceable, even if specifically agreed to between the adoptive parents and biological parents. The adoptive parents may allow contact, but there is no law to require them to allow contact.
Alabama
Alabama does not recognize post-adoption contact agreements, and there is no law recognizing the validity of such agreements. The adoptive parents may allow contact, but there is no law to require them to allow contact, even if the arrangement is formalized in writing.
Although Alabama does not recognize contact agreements, an open discussion of wishes and expectations can be beneficial for everyone.
Types of Post-Adoption Contact Arrangements
- Written contact – The placing parent may write the child letters or send an email.
- Phone/FaceTime – The child may have contact with the placing parent by phone, video chat, or other electronic communication at set intervals.
- Sibling contact – A child may visit with biological siblings.
- Visitation – In-person visits may take place at specified intervals. Once or twice per year is common. Visitation may be supervised or take place in the presence of a third party, if appropriate.
- Gifting – A parent placing their child for adoption may send presents for birthdays, holidays, and special occasions.
- Information exchange – Adoptive parents may agree to provide periodic updates about the child, which may include photographs.
- Child involved in decision making – Parties may agree to allow the child to have a say in how much contact to have. This may change as a child ages.
- Restrictions – Contact may be conditional on sobriety or a lack of involvement in the criminal justice system.
- Sunset provisions – Contact may terminate if the visiting parent fails to engage in allowed contact.
Benefits and Challenges of Post-Adoption Contact
There may be benefits to post-adoption contact, including the following:
- If a child is older, post-adoption contact may allow them to continue relationships that have already formed with family and sibling groups.
- Birth parents are often looking for a placement that will allow post-adoption contact.
- A child can know about their personal, cultural, and medical history.
- Some parents may prefer contact because they believe open communication and discussions are beneficial for the child.
However, post-adoption contact may have challenges, particularly, if circumstances change that impact the best interests of the child.
Drafting and Negotiating a Post-Adoption Contact Agreement
A post-adoption contact agreement must be clear, and all parties should understand the terms.
It should be sufficiently clear in case court interpretation or mediation is necessary. Consider the different options for contact, the age of the child, and the circumstances of the adoption. Those involved should be aware of state law and the enforceability of their agreement.
Ensuring a Healthy Post-Adoption Relationship
A healthy post-adoption relationship for all parties means establishing clear expectations and boundaries. The post-adoption contact agreement can be an important step and a beneficial part of the adoption process, contributing to the child’s growth and success.
Contact an Experienced Adoption Lawyer Today
At Gulf Coast Adoptions, we understand that the adoption process is both legal and personal.
We listen to your concerns and answer your questions. To talk about how a contact agreement may work and discuss any other questions you may have, call or message us now.