A PACA is a plan for ongoing contact between the birth and adoptive family after finalization. Whether it’s legally enforceable depends on your state, but even where it isn’t, you can still create a written moral agreement.
A Post-Adoption Contact Agreement (PACA) is basically a plan that allows for communication and contact between a child’s adoptive family and birth family after the adoption is finalized. The post-adoption contact agreement will help birth families and adoptive families talk about what the future will look like.
Who can be part of a PACA?
- The adopted child (over 12 years old)
- The adoptive family
- The birth family (that includes the birth parents and sometimes even the grandparents)
- In some cases, an Indian tribe
What are the benefits of a PACA?
- For the child: PACAs can help children feel connected to their heritage and identity. They can also gain access to medical information and build a support system.
- For the families: Open communication can help ease worries and build trust between the adoptive and birth families.
Are Post-Adoption Contact Agreements legally binding?
The enforceability of a PACA depends on your state’s laws. In some states, PACAs can be legally binding contracts, but most states do not enforce them in court.
What are my options if my state doesn’t enforce PACAs?
Don’t worry if your state doesn’t enforce PACAs, you can still create a moral PACA. This is a written agreement between the adoptive and birth families that outlines your expectations for future contact. While not legally binding, a moral PACA shows good faith and can help prevent any misunderstandings.
Important thing to consider in a Post-Adoption Contact Agreement.
Frequency and type of contact: You need to decide how often you want communication and what methods you’ll use. Many of our birth mothers and adoptive families at Heart to Heart Adoptions communicate through a secure and monitored computer app called OurHeartsConnect. Through this computer app, they can send messages, pictures, and videos as often as they want.
Sharing information: Make sure the agreement specifies how you’ll share info about the child.
Flexibility: Life circumstances can change, so the PACA should allow for adjustments over time.
Is open adoption right for everyone?
Open adoption is not for everyone. Birth parents who are not ready to step back and allow the adoptive parents to parent the child may not be good candidates. However, this is not typically the case.
Remember
- Entering into a Post-Adoption Contact Agreement is voluntary.
- Open adoption does not mean co-parenting. The adoptive parents have the legal right and responsibility to raise the child.
- Successful open adoptions require clear communication, good boundaries, and a focus on the child’s well-being.
Example of an Enforceable Post-Adoption Contact Agreement
This is just an example of an Enforceable Post Adoption Contact Agreement.
Not all states have enforceable Post-Adoption Contact Agreements. At Heart to Heart Adoptions, we can help you determine what type of agreement applies to your situation.
Before entering into a post-adoption contact agreement or any agreement affecting your important rights, consult legal counsel.
Example Agreement
This example assumes two adoptive parents, one birth parent, and a child who is under 14 years of age.
POST-ADOPTION CONTACT AGREEMENT
Legally Enforceable
Parties & Purpose
Prospective adoptive parents, ______________________ and ______________________ (Adoptive Parents), and _________________________________ (Birth Parent) enter into this contract for post-adoption communication regarding ___________________________ (Child), born on _________________. This contract creates a legally enforceable agreement. It becomes effective upon finalization of the uncontested adoption and remains in effect until the child turns 18.
Important Legal Notes
- After the adoption order, the adoption cannot be set aside due to failure to follow this contract or changes to it.
- Disagreements or litigation over this contract will not affect the validity of the adoption or custody of the child.
The primary goal is to end the child’s legal relationship with the birth parent and create a new parent/child relationship with the adoptive parents. This contract aims to further the best interest of the child.
Contact Method
All parties must keep each other updated with valid contact methods until the child turns 18. This can be via telephone, electronic communication, or U.S. postal address. Any photos or information should be sent through the current contact method unless specified otherwise.
Initial Contact Methods:
- Adoptive Parents: ___________________________________________
- Birth Parent: ______________________________________________
If the adoptive parents cannot contact the birth parent for over two years, this contract becomes void.
Contact Agreed Upon
The adoptive parents agree to the following contact with the birth parent:
Sample Provisions
Traditional Provisions
- Use a secure, monitored computer app such as OurHeartsConnect to send videos, messages, and pictures.
- Birth parent(s) may send age-appropriate cards and gifts on customary holidays.
- Birth parent(s) will not contact the child directly without the adoptive parents’ written permission.
Additional Provisions for In-Person Contact
- Adoptive parents and child will meet the birth parent once a year in _______________, with each party covering their own travel expenses.
Expectations for In-Person Contact
- Birth parent (s) will behave in a manner supportive of the adoptive parents and not distress the child.
- All parties will refer to each other positively and use names as used in the adoptive home.
- In-person contact will occur in the presence of the adoptive parents unless agreed otherwise.
- A licensed psychological professional may be included with reasonable advance notice.
- Adoptive parents will decide when and how to tell the child about the adoption.
- Birth parent(s) must be sober during contact.
- If both birth parents visit together, it counts as a visit for each.
- Birth parents must keep appointments with the child and notify them in advance if they cannot attend.
A material breach of these expectations can lead to stopping or limiting in-person contact at the adoptive parents’ discretion.
Medical Information and Significant Changes
- Birth parent(s) must inform the adoptive parents of any significant medical information or health events.
- Adoptive parents will inform the birth parent of significant changes in the child’s health.
- Birth parent(s) must notify if they are no longer available for contact.
Child’s Preferences
- As the child grows, the contract may be modified to reflect the child’s desires.
- At 14, the child can terminate the agreement.
Authority to End the Agreement
Adoptive parents can alter or end the contact if it no longer serves the child’s best interest, with advance notice and explanation to the birth parent.
Enforcement
This contract is intended to be legally enforceable.
Executed on this ____ day of ________, 20__.
- Adoptive Parents: _______________________________________
- Birth Parent(s): ___________________________________________
Example of a Moral Post-Adoption Contact Agreement
This is just an example of a Moral Post Adoption Contact Agreement.
MORAL AGREEMENT
Not Legally Enforceable
This agreement is a MORAL AGREEMENT, not a legally enforceable one.
Key Points:
- This agreement will not affect the validity of the adoption.
- Disagreements over this agreement will not affect the adoption or the custody of the child.
This agreement starts once the adoption is finalized and lasts until the child turns 18.
The goal is to end the legal relationship between the child and birth parents and create a new relationship with the adoptive parents. This agreement is meant to support the child’s best interest.
All parties will keep each other updated with a current contact method until the child turns 18. Photos and information will be sent using this method unless otherwise specified.
Current Contact Methods:
- Adoptive Parents: _______________________________________
- Birth Parent(s): ___________________________________________
Sample Provisions:
- Birth parent(s) will inform the adoptive parents of any important medical or health information.
- Adoptive parents will inform the birth parent of significant changes in the child’s health.
- Birth parent(s) will notify if they are no longer available for contact or if circumstances change.
Child’s Preferences
As the child grows and forms opinions, the parties will discuss modifying the agreement based on the child’s wishes. A counselor may join these discussions if needed.
When the child turns 14, they can terminate all or part of this agreement.
Enforcement
This is a moral agreement and is not legally enforceable.
Applicable Law
All parties have read this agreement, and there are no side agreements.
Executed on this ____ day of ________, 20__.
- Adoptive Parents: _______________________________________
- Birth Parent(s): ___________________________________________
See also: What Happens If an Adoptive Family Breaks Post-Adoption Promises? for why written agreements matter.
FAQ - Simple
Frequently Asked Questions
It depends on your state, some enforce them as contracts, most don’t, but a written moral agreement still carries real weight.
The adopted child if they’re over 12, the adoptive family, the birth family, and in some cases an Indian tribe.
You can still create a written moral agreement. It won’t be legally binding, but it shows good faith and helps prevent misunderstandings.
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