There is a basic difference between a closed adoption, where the birth parent may be anonymous and there is no contact with the child after the adoption, and an open adoption, where the birth parents and the adoptive parents agree on some form of contact after the adoption is finalized. A legal agreement on the open adoption plan is called a post-adoption contact agreement.
These agreements are legally binding, but failure to follow through cannot affect the adoption itself.
A post-adoption contact agreement is voluntary
A post-adoption contact agreement is not required to finalize an adoption, but it is good to work out the details ahead of time. This helps you avoid conflict, miscommunication, or hurt feelings later.
The requirements for this type of agreement in court are that the birth mother has signed her consent to the adoption or her relinquishment of parental rights but that the court has not involuntarily terminated parental rights and the adoption is not yet finalized. So it is important to take this step at the right time.
What is included in the agreement?
Under Arkansas law, an agreement of this type can include three things:
- Sharing of information after the adoption, such as updates from the adoptive family about the child, sending photos to the birth mother, or sharing social media. This could involve a shared online photo album or an agreement to keep one another updated on contact information.
- Communication between the child and the birth parents, such as birthday letters, FaceTime calls, or emails. The agreement can include the types of contact and the frequency, as well as who can initiate the contact.
- Visits between the birth parents and the child, including details about whether the birth parents can visit the child separately or together, the place where visits can happen, and whether the adoptive parents will also be present.
The agreement cannot include any details about custody of the child.
Look forward
Your open adoption plan takes a lot of thought. Your legal contract on the subject should also get plenty of thought. Try to think not only of what you will want and expect in a few months, but what might be most appropriate for the child as a teenager or young adult.
It can be hard to foresee the future. However, more thorough guidelines can help avoid conflicts later. Some of the issues that you might address in the agreement:
- Will the birth parents be free to share photos on their public social media accounts?
- Can the birth parent and child discuss all topics, or are there some things they should avoid talking about?
- Do you want to include an agreement that both the adoptive parents and the birth parents will always be respectful and positive about one another in talking with the child?
- Will other relatives from the birth family, such as siblings or grandparents, be included?
- How can the agreement be modified if circumstances change?
These ideas can be a starting point for thinking about the kinds of details you want to include in your agreement.
You can always send more information or have more contact when you set minimums in the agreement.
Have a lawyer
Since the post-adoption contact agreement is a legal contract, it’s important to have your lawyer’s help in drawing it up. Heimer Law specializes in adoptions. Contact us for a free consultation.