The autonomy of each state is astonishing and a little confusing. Those seeking adoption or adoption should contact their adoption agency or adoption attorney to get a clear idea of their state`s regulations on open adoption arrangements. Ok, now I`m going to get on my soap box for a minute. There is standard language in the OAA that states: “If the biological parent does not request a visit for twelve consecutive months, this agreement will be considered null and void.” Adoption is a lifelong process. For adoptees. For biological parents. For adoptive parents. Life is chaotic and complicated. Sometimes it takes YEARS for biological parents to be in a place where they want to visit their children.
In my experience, biological parents can be embarrassed and ashamed when they don`t feel well and don`t want their children to see this. Most biological parents really love their children and want the best for them. So if a biological parent is not well, they can remain silent. You cannot request visits. You may not respond to letters. If adoptive parents are able to leave the door open, biological parents may feel like they can walk through that door when they are ready. If I had adopted my child after 12 months without contact, we would have missed the beautiful relationship they now have with their first family (not only with their mother, but also with their siblings, aunts, cousins, great-great-grandmother). It took 6 years for his first mother to walk through this door. In our OAA, we dropped the 12-month wording and changed it as follows: RCW 26.33.295 Open Adoption Agreements – Agreed Orders – Enforcement. Although there is no typical format for post-adoption contact agreements, the purpose of such an agreement is to determine the type of contact (letters, emails, phone calls or personal contacts), the frequency of this contact and the number of years during which the contact will continue. Once the biological and adoptive parents have accepted the terms of the post-adoption contact agreement, the agreement must be approved by the court.
The judge will only approve the agreement if he decides that the implementation of the agreement is in the best interests of the child. Once the agreement has been approved by the court and the adoption is complete, the biological parents and the adoptive parents have the right to request the judicial execution of the agreement. This means that if the adoptive parents refuse to comply with the terms of the contact agreement after the adoption, the biological parent has the right to go to court to seek enforcement. While failure to comply with the post-adoption contact agreement may never be grounds for setting aside the adoption order, the court has the power to despise adoptive parents if they refuse to comply with the agreement. The court also has the power to amend or annul the contact agreement after adoption if it considers that continued contact between the biological parent(s) and the child is not in the best interests of the child. Many adoptive parents and biological parents enter into post-adoption contact agreements (PACAs) that specify the contact they will have with each other after the child is adopted. While some adoptive parents are concerned that a request for a contact agreement after adoption reflects the lack of commitment of the biological parents, experience has shown that such agreements often give birth parents the peace of mind they need to move forward with their plan. A post-adoption contact agreement gives the biological parent the peace of mind that they still have the right to receive information about the child. This constant contact, in turn, usually assures the biological parent that they have chosen the best family for their child. In an article on open adoption agreements, the author wrote: Another reason why open adoption agreements are largely unenforceable is the simple fact that no one knows what the future holds. Most adoptive families go into adoption with the intention of keeping the contact promises they made to the biological families before the adoption.
However, life happens and sometimes things just don`t work. Sometimes the biological family or adoptive family may move to an area that makes personal contact impossible or extremely difficult. It`s not that they don`t want their child to have personal contact with their family – it`s just not feasible. Although post-adoption contact agreements are legally enforceable in a number of states, this is not always the case. If you live in a state where post-adoption contact agreements are legally unenforceable, you may still want to make a “good faith agreement.” Good faith agreements have the advantage of clarifying everyone`s expectations regarding the type and frequency of contact after mediation. The development of the Good Faith Agreement provides an opportunity for biological and adoptive parents to reflect, discuss and document their contact expectations after placement. Lawyers will also include these expectations in a written document. This minimizes or eliminates misunderstandings about the nature of the post-placement relationship. Even if good faith agreements are not legally enforceable, the importance of complying with the agreement should never be minimized by good faith, and the agreement should be treated with the same respect that a binding agreement would receive. The concept of a legally enforceable open adoption agreement is relatively new and may vary from state to state. Biological parents usually have to start the process, but it can be expensive.
In general, it is up to the judge to interpret and apply. This blog about adoption and the mother of the body has focused on some important points regarding post-adoption contracts: Nevertheless, some states allow legally binding open adoption contracts. That is, if the contract breaks, a judge can order contact. As a rule, this only applies if the adoptive parents retain the photos or visits promised in the contract. As a general rule, biological parents are not required to have contact. Many adoption agencies today offer open adoption agreements because of the benefits they bring. Open adoption agreements can alleviate many of the fears that arise during the adoption process, such as: What happens if the adoptive parents want to meet in person, but I`m not ready for it? Or what if I want to have more (or less) contact with my child`s biological family? What happens if the other party changes their phone number or address? What happens then? Open adoption contracts can also ensure that everyone stays happy and that promises are kept. Are you considering adoption? Choose a family to adopt your child. Visit the parents` profiles on Adoption.com or call 1-800-ADOPT-98. Virginia Spence and her husband Eric are the parents of two wonderful little boys who came to their family by domestic adoption. When she`s not refereeing or involved in tickling wars, Virginia can be found cleaning, reading, or drinking huge cups of coffee. Virginia is passionate about life at all ages/phases and educates about adoption.
Adoptive parents and biological parents who enter into a contact agreement after adoption should strive to keep the child`s needs at the centre of this process. Since it is impossible to anticipate the ever-changing needs of the child, it is a good idea to incorporate some flexibility into the agreement. Ultimately, the child will have his or her own opinion on contact after adoption and the needs of adults must always be in the best interests of the child. . Although North Carolina law provides that such agreements may be entered into by a person who grants consent to adoption and a potential adoptive parent, it expressly states that contracts are unenforceable and cannot be a condition of consent to adoption. Ohio, South Carolina and South Dakota expressly declare that mutual contact agreements are non-binding and unenforceable. Tennessee leaves decisions regarding contact and visits with biological parents to the sole discretion of the adoptive parents. “In most states, post-adoption contact agreements are not real contracts.