What is a Post Adoption Contact Agreement (PACA) for birth parents and adoptive families in Domestic Adoption?
In domestic adoption there are three basic types of adoption; confidential (closed), semi-open and open adoption. Birth parents have an array of options available to them as they form an adoption plan for their unborn child. It is important that the birth parents and adoptive parents work closely with their agency to understand their options and responsibilities in domestic adoption. For the birth parents who are exploring their options and making an adoption plan and also for the adoptive parents who are looking to grow their family through adoption it is important to be open and honest with the social worker and the agency. There are many decisions to be made and the choices are yours whether you are the birth parent or the adoptive parent.
The birth mother (and father) and adoptive parents will sign a Post Adoption Contact Agreement when a baby is placed for adoption that specifies the minimally required post-adoption contact between the birth family and adoptive family (e.g. pictures, letters, visits).
A Post Adoption Contact Agreement (PACA) may be used in all types of adoptions including ....
- If you are pursuing an open adoption - you have met each other and are building a trusting and respective relationship. The level of openness in your relationship will vary depending upon your wishes. Some adoptions are more open than others. In a very open adoption, birth parents and adoptive parents may go to doctor appointments together, share contact information and meet several times before the baby is born. In some open adoptions you may only meet the each other before the baby is born and then see each other again when the child is born. All of this leads to a close bond and special relationship that will benefit the child both at the present time and in the future. After placement of the child with the adoptive family, the two families may share pictures and letters or visit each other once or twice a year.
- In a semi-open adoption the birth parents and adoptive parents may meet prior to the baby’s birth but not exchange contact information or build a close relationship. This depends on the birth parents and the adoptive family and how comfortable they are with sharing personal information. After the placement of the child for adoption, the adoptive family may keep the birth parent current with the child's growth and development with pictures and letters.
- A closed adoption is simply that, no identifying information is exchanged, the adoptive parents and birth parents do not meet and there is no contact between the birth parents and adoptive parents prior to or after the birth of the child. There may be pictures and letters sent to the birth parents by the adoptive parents through an adoption agency so there is confidentiality and anonymity for all involved.
So what exactly is a Post Adoption Contact Agreement and what are the legal implications -obligations and rights as a birth parent and an adoptive parent?
- A Post Adoption Contract is a legal and binding contract that explains the type and frequency of contact that will occur between the birth parents and adoptive parents concerning the child. For example how often the adoptive family will send the birth family pictures and letters regarding the child. And/or how often the birth family and adoptive family will meet each other face-to-face each year.
- The adoptive family must comply with all agreed upon contact. However, the birth parent can choose not participate in all of the post-adoption activities. For example, if the birth mother does not wish to visit the child as previously agreed, she is not obligated to do so.
- The terms of the Post Adoption Contact Agreement will be discussed and decided upon by the birth parents, adoptive parents and is negotiated through their adoption agency and attorneys.
- This Agreement protects the rights of the birth parents, adoptive parents and child. It will help all parties meet their obligations. It is clear and concise about the type of contact, how often the contact will occur and the terms of any face to face meetings.
- The post adoption contact agreement is enforceable in court if the adoptive family does not comply with the agreed upon contact. This rarely occurs and has not occurred with families working with Family Connections, Inc.
Family Connections, Inc. is an authorized New York State adoption agency that has been supporting birth parents and adoptive families for over twenty-five years. The agency was one of the first adoption agencies to advocate for post adoption contact agreements and is a leader in open and semi-open adoption. Family Connections, Inc. supports families throughout New York State including in Syracuse, Cortland, Watertown, Binghamton, Elmira, Corning, Ithaca, Rochester, Albany, Long Island, New York City and all towns in between. The agency's services are free to birth parents and are provided in strict confidence. Family Connections, Inc. would be honored to explore your adoption options for you and your unborn child. Please contact us at 607-756-6574 or anita@adoptfamilyconnections.org. We look forwarding to supporting you!
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