Post Adoption Contact Agreements: Closed v. Open Adoptions
Although you may have heard the terms open adoption or closed adoption, you may not be entirely sure of their meaning. A closed adoption means that neither the adoptive parents nor the birth parents know the identity of the other party and do not communicate directly with each other. An open adoption means that the adoptive parents and birth parents may either know each other's identity (such as each other's names) or they may communicate with each other directly or indirectly either before or after the adoption is finalized. Sometimes people may call an adoption "semi-open" if there is some limit on the contact between the parties. For example, the parties may agree that the adoptive parents will send annual pictures and written updates on the child after the adoption is finalized, but that will be the extent of the contact after finalization. In comparison, a completely open adoption may involve an agreement between the parties for pictures, written updates, and regular visits between the child and the birth parents.
The parties to an open adoption should consider formalizing their agreement through a written post adoption contact agreement which is often referred to as a PACA. If the parties enter into a written PACA, a parent will retain whatever rights are included in that post adoption agreement usually until the child reaches the age of 18. While PACAs are not legally enforceable in all states, under Maryland and D.C.'s adoption laws, post adoption contact agreements are enforceable in a court of law if the court finds it is in the best interests of the child to enforce it. It is important to note, however, if the adoptive parents do not comply with their obligations under the agreement, the birth parents cannot have an adoption decree set aside, effectively undoing the adoption simply by virtue of a party's breach of the agreement. Rather, if a party refuses to comply with the terms of a post-adoption contact agreement, the parties may go to court and/or mediation to enforce the terms of the agreement.
When adopting a child from foster care, prospective adoptive parents are frequently ordered to attend mediation with the parents to explore whether an agreement can be reached between the parties enabling the parents to maintain contact with their child. If the parties reach an agreement, the parents would agree to a voluntarily termination of their parental rights, but would retain whatever rights of contact that are included in the PACA.
Regardless of the type of adoption, if you are contemplating entering into a post-adoption contact agreement, you should have competent counsel to represent you. If the child is an infant, these agreements may be binding upon you for next 18 years. You need counsel that is knowledgeable in negotiating and crafting these agreements so that they can work for everyone as the child grows. Sheri regularly represents foster parents in mediation and has negotiated and drafted agreements for biological parents and adoptive parents throughout Maryland and D.C. in all types of adoptions.
If you would like more information on post-adoption contact agreements, contact Sheri today.
The parties to an open adoption should consider formalizing their agreement through a written post adoption contact agreement which is often referred to as a PACA. If the parties enter into a written PACA, a parent will retain whatever rights are included in that post adoption agreement usually until the child reaches the age of 18. While PACAs are not legally enforceable in all states, under Maryland and D.C.'s adoption laws, post adoption contact agreements are enforceable in a court of law if the court finds it is in the best interests of the child to enforce it. It is important to note, however, if the adoptive parents do not comply with their obligations under the agreement, the birth parents cannot have an adoption decree set aside, effectively undoing the adoption simply by virtue of a party's breach of the agreement. Rather, if a party refuses to comply with the terms of a post-adoption contact agreement, the parties may go to court and/or mediation to enforce the terms of the agreement.
When adopting a child from foster care, prospective adoptive parents are frequently ordered to attend mediation with the parents to explore whether an agreement can be reached between the parties enabling the parents to maintain contact with their child. If the parties reach an agreement, the parents would agree to a voluntarily termination of their parental rights, but would retain whatever rights of contact that are included in the PACA.
Regardless of the type of adoption, if you are contemplating entering into a post-adoption contact agreement, you should have competent counsel to represent you. If the child is an infant, these agreements may be binding upon you for next 18 years. You need counsel that is knowledgeable in negotiating and crafting these agreements so that they can work for everyone as the child grows. Sheri regularly represents foster parents in mediation and has negotiated and drafted agreements for biological parents and adoptive parents throughout Maryland and D.C. in all types of adoptions.
If you would like more information on post-adoption contact agreements, contact Sheri today.