Last updated on August 23, 2022
Adopting a child can be one of the best decisions that you can make. But the process is oftentimes more complex than many people realize. After all, there’s a lot to take into consideration. You have to think about what adoption means for the child and how they will cope with it, how the adoption will change your family dynamics, and how you’re going to navigate the birth parents’ consent to adoption.
This week, let’s briefly look at that last piece: the birth parents’ consent. While there are a number of ways that you can negotiate or litigate over consent, one commonly utilized option is the post-adoption contact agreement.
What is a post-adoption contact agreement?
A post-adoption contact agreement is a written agreement where the adoptive parents agree to allow the child’s birth parent to have some form of contact with the child even after the adoption is finalized. The type of contact that is allowed under the agreement can vary depending on the circumstances, but it may include:
- Regular or periodic in-person visitation
- Phone calls
- Letters
- Cards
- Gifts
- Attendance at the child’s events
- Written updates to the biological parent
- Photographs that are sent to the biological parent
The breadth and frequency of contact can be negotiated amongst the parties so that an agreement is reached that is fair and in the child’s best interests. Keep in mind, though, that if an agreement cannot be reached for post-adoption contact, then there’s a stronger likelihood that you’ll have to litigate over the issue of the biological parent’s consent to the adoption. Offering a post-adoption contact agreement, then, is often a good way to secure a biological parent’s consent to the adoption.
Is a post-adoption contact agreement best for the child?
It depends on the circumstances at hand. If the child was abused by the biological parent and has suffered psychological harm as a result, then ongoing contact with that parent probably won’t be in the child’s best interests. However, there can be benefits to creating and adhering to a post-adoption contact agreement, including each of the following:
- The child has a better sense of their familial history, which may avoid lingering questions that pain the child later in life
- The child is wrapped with more support from the biological parent
- You, as the adoptive parent, may have better access to important information, such as family medical histories
- You can foster a positive relationship with the biological parent that furthers the child’s best interests
Keep in mind, too, that these post-adoption contact agreements can contain provisions with conditions that, once triggered, can end the agreement. Therefore, if a biological parent, say, fails to appear at multiple scheduled visits, then the entire agreement may cease. This helps ensure that you can protect the child’s well-being while holding the biological parent to the terms that were negotiated.
Competently navigate your adoption-related issues
There is a lot to take into consideration when adopting a child. Deciding whether to offer a post-adoption contact agreement is just one of the issues that you’ll have to think about.
We know that these matters can be confusing and stressful, and you certainly don’t want to make a mistake during the process that jeopardizes the viability of the adoption. That’s why experienced family law firms like ours are here to help. An attorney who is experienced in adoption law can help guide you throughout the process so that you can ensure that it plays out as smoothly as possible. That way, you can focus on what really matters: welcoming the child into your family.
