Devoted to Your Immigration, Family Law and Estate Planning Needs.

Should you enter into a post-adoption contact agreement?

On Behalf of | Feb 13, 2023 | Family and Divorce Law

The adoption of a child can be a great way to bring joy into your life, expand your family, and acquire newfound purpose. Yet, the process isn’t always as easy and joyful as you may think, as you’ll probably have to confront several legal challenges before all is said and done. For example, if the adoption is contested, then you’ll have to litigate the matter, perhaps even present evidence demonstrating why the child’s biological parents are unfit.

Navigating those challenges can be extremely stressful, especially since they weave uncertainty into your pending adoption. But there may be ways that you can simplify the process and obtain an outcome that is better for everyone involved. One way you may be able to do this is by negotiating a post-adoption contact agreement.

What is a post-adoption contact agreement?

This agreement is essentially a contract that you sign with the child’s biological parent or parents, allowing the biological parent to have some sort of contact with the child even after the adoption is finalized. You have a lot of room to negotiate the terms of this agreement, which could include everything from in-person visitation between the child and the biological parents; providing cards, letters, and pictures to the biological parents; or allowing telephone conversations.

Why you might want to consider a post-adoption contact agreement

There are advantages to negotiating one of these agreements. This includes each of the following:

  • It speeds up the process: These post-adoption contact agreements are typically negotiated as a way to avoid the need for full-blown litigation. As a result, you can finalize the adoption more quickly without fear that the matter will subsequently be overturned by the Court of Appeals or the state supreme court.
  • It allows the child to retain familial connections: Another benefit to a post-adoption contact agreement is that it allows your child to feel connected to the family that they came from. This can make their life easier as they get older, as they’ll have a firm understanding of where they came from, who their biological parents are, and why they were adopted. In other words, maintaining these connections may protect your child’s mental health.
  • It provides additional support: The child is going to need a lot of support growing up. If you execute a post-adoption contact agreement, then your child might also receive support from their biological parents, which can make life a little bit easier for everyone involved.
  • You can be confident that limits are in place: A lot of people who adopt children worry about how biological parents are going to react and how much contact they’re going to try to make with them and the child. But by having a court-approved post-adoption contact agreement in place, you can rest easy knowing that everyone understands the restrictions and limitations on contact. Many of these agreements even have sunset provisions that specify that the agreed to contact ceases if the biological parent fails to abide by the agreement in some way.

Do you know what legal approach is best for you and your family?

If not, don’t worry. Most people who enter the adoption legal arena don’t know what to expect or how to protect their interests and, more importantly, the interests of the child who is being adopted.

And you don’t have to stress about how to navigate your case. Adoption attorneys who have proven themselves successful in these kinds of cases can provide you with the guidance and advocacy that you need. Therefore, if you want more information about how to address your pending adoption, then you might want to consider reaching out to one of these legal teams.