Post-Adoption Contact Agreements are Growing in Popularity

Adoption brings families together, but post-adoption relationships can add complexity. Many adoptions today involve post-adoption contact agreements (PACAs). These agreements outline the level of contact between birth parents and adoptive families after adoption is finalized. Understanding PACAs and their legal implications is crucial for protecting everyone involved.

At Cofsky & Zeidman, LLC, we’ve helped families navigate over 1,500 adoptions. Our team ensures that your post-adoption agreements meet legal standards and protect your family’s best interests.

What Is a Post-Adoption Contact Agreement?

A post-adoption contact agreement is a legally binding document. It details the type and frequency of contact between birth parents and adoptive families. Common elements of PACAs include:

  • Visits or in-person meetings
  • Exchange of photos or letters
  • Regular updates through email or mail
  • Restrictions on contact based on specific conditions

Not all states legally require or enforce PACAs. However, in states where PACAs are recognized, having clear terms can prevent disputes later.

Why Families Choose Post-Adoption Contact Agreements

PACAs are often used in open or semi-open adoptions. These agreements help balance the needs of adoptive families and birth parents. PACAs aim to:

  1. Support Emotional Well-Being
    Contact can provide reassurance for birth parents and children. It may ease feelings of loss or uncertainty for everyone involved.
  2. Foster Relationships
    Maintaining ties with birth parents can be beneficial for adoptees. It allows children to learn more about their biological roots.
  3. Set Boundaries
    Clear agreements set boundaries and expectations for all parties. This reduces misunderstandings and emotional stress.
  4. Prevent Legal Disputes
    A well-drafted PACA minimizes legal complications by defining specific terms.

Legal Complexities of Post-Adoption Contact Agreements

PACAs are not always enforceable in every state. Some states view them as voluntary arrangements, while others treat them as enforceable contracts. The legal standing of a PACA depends on the jurisdiction and its specific laws.

Key Legal Considerations for PACAs:

  1. State Laws Vary
    Some states fully enforce PACAs, while others do not. Understanding local laws is essential.
  2. Child’s Best Interest
    Courts prioritize the child’s well-being when deciding on PACA terms.
  3. Flexibility in Agreements
    PACAs must allow for changes if circumstances shift. This ensures that agreements remain practical over time.

An experienced adoption lawyer ensures your PACA complies with state law. At Cofsky & Zeidman, we help families draft agreements that meet legal requirements and protect long-term relationships.

The Role of a Skilled Lawyer in PACAs

Navigating PACAs can be challenging without legal guidance. A skilled lawyer ensures agreements are clear, enforceable, and aligned with your goals. Here’s how an attorney can help:

1. Drafting Clear Agreements

A lawyer ensures that your PACA covers all necessary details. This includes the frequency of contact, type of communication, and potential restrictions.

2. Ensuring Compliance with State Laws

Different states have different rules for PACAs. An experienced lawyer confirms that your agreement follows local regulations.

3. Mediation and Negotiation

Birth parents and adoptive families may have differing expectations. A lawyer acts as a mediator, ensuring everyone’s needs are addressed fairly.

4. Preventing Future Conflicts

A well-drafted PACA reduces misunderstandings and potential legal disputes. It provides a framework for resolving conflicts if they arise.

At Cofsky & Zeidman, we specialize in creating secure, legally sound PACAs. Our team ensures your family is protected throughout the adoption process.

Common Elements of a PACA

Every PACA is unique, tailored to the specific needs of the family. However, most PACAs include:

  • Frequency of Contact: How often updates or visits will occur.
  • Method of Communication: Emails, letters, phone calls, or in-person visits.
  • Location of Meetings: Where in-person visits will take place.
  • Duration: How long the agreement will remain in effect.
  • Conditions for Contact: Guidelines to ensure a safe, healthy relationship.

Having these terms clearly outlined prevents misunderstandings later.

Why PACAs Are Important for Adoptive Families

PACAs can strengthen relationships and foster trust between families. However, they also carry emotional and legal responsibilities. Clear agreements help:

  1. Establish Boundaries
    Adoptive families can maintain privacy while honoring the agreement.
  2. Build Trust
    Open communication fosters trust between adoptive and birth families.
  3. Protect Children
    PACAs focus on the child’s best interests, ensuring healthy relationships.

Without legal guidance, these agreements can become sources of conflict.

Real-Life PACA Challenges

  1. Changing Circumstances
    A birth parent may want more contact than initially agreed upon.
  2. Disagreement on Terms
    Adoptive parents and birth parents may interpret agreements differently.
  3. Child’s Preferences
    As children grow, their desires for contact may evolve.

A skilled lawyer ensures PACAs remain fair and adaptable. At Cofsky & Zeidman, we address challenges proactively, providing solutions that protect families.

Protecting Your Family with Cofsky & Zeidman

Cofsky & Zeidman brings over 25 years of experience in adoption law. Our attorneys have helped over 1,500 families navigate the adoption process. We specialize in drafting PACAs that meet legal standards and build strong family relationships.

Whether you’re adopting domestically or internationally, we’ll guide you every step of the way. Our team ensures your parental rights are protected and agreements reflect your family’s needs.

Final Thoughts on Post-Adoption Contact Agreements

Post-adoption contact agreements play a vital role in many adoptions. They provide clarity, support relationships, and protect everyone’s best interests. However, drafting a PACA requires legal expertise to ensure compliance and enforceability.

At Cofsky & Zeidman, we’re here to help. If you’re considering adoption or need help with a PACA, contact us today. Let us provide the legal guidance you need to protect your family’s future.

What Is an Open Adoption & What Are Its Pros and Cons?

What Is an Open Adoption?

Whether a couple is experiencing fertility issues, is unable to conceive for any reason, or simply wants to enlarge their family, adopting a child can be a joyful decision. There are two ways to adopt: a closed or open adoption. In an open adoption, the biological parents, or just the mother, are known, and the family maintains contact with them.

How Does Open Adoption Work?

With open adoption, the birth mother decides to give up her child so that another family can adopt him or her. It can take a lot for a parent to reach this conclusion, but in some cases, open adoption is a more attractive option because it allows the biological mother to remain in the child’s life.

The biological mother gets to choose the adoptive parents. However, until she signs final relinquishment papers that give the adoptive parents all legal rights to the child, she is free to change her mind. While this is very rare, it does occasionally happen.

Open adoption can mean that the birth family remains in contact in different ways. Some families choose to allow regular visits while others may let the birth mother and her child stay in contact through email. A New Jersey adoption attorney can help the parents decide the best option for their family.

What Are the Benefits of Open Adoption?

Open adoption is often the right course of action for families looking to adopt. It allows for more opportunities to avoid uncomfortable situations once the child grows older and starts to ask questions. If a child knows that they are adopted, they will naturally ask their parents questions once they reach a certain age. Open adoption often allows many of those questions to already be answered or answered sooner.

The child’s genetic information is easier to access with open adoption. Asking the birth mother about any medical conditions that run in her family can give a better idea of what to possibly expect in the future. It allows you to take certain precautions and gives you awareness of how to better protect your child’s health. This also includes heritage information, which helps the child know his or her religious or ethnic background.

With open adoption, the child doesn’t have to go searching for their biological mother in the future. All the information is readily available, and the birth mother is already in their life. Even if a child and their birth mother have never met, having steady contact makes it easier to eventually meet in person.

What Are the Disadvantages of Open Adoption?

One of the most common disadvantages is that there may be certain problems that arise regarding the boundaries expected from the birth mother or family. They may wish to have a closer relationship with the child that steps over the line of what was stated in the adoption papers. The birth mother may feel overly attached and have difficulty moving on.

As previously mentioned, the birth mother can change her mind before she signs the final adoption papers. This is every adoptive parent’s worst nightmare. However, even if the birth mother decides she wants the child back after the final papers are signed, it can cause serious problems. It could end up with litigation that can cause a rift even though the birth mother doesn’t have legal rights to the child.

Sometimes, open adoption isn’t always the best arrangement for the child. Things can happen, and personalities may clash. If there are issues with drug or alcohol abuse or different values, it could create problems for the child. Some people who were adopted end up regretting ever reaching out to their biological family due to various reasons. In some cases, the child may feel as though they are caught in the middle of their family and their birth mother while a power struggle is occurring. This is never a healthy situation.

If you’re considering adoption, get in touch with a New Jersey adoption attorney at Cofsky & Zeidman LLC by calling (856) 429-5005 or by submitting our contact form.

How to Plan for Visitation With Your Child’s Birth Parent

How Do I Create a Visitation Plan With My Child’s Birth Parent?

In 2019, more than 64,000 children were adopted in the United States. According to the Congressional Coalition on Adoption, 52% of those children were adopted by their foster parents, and 36% were adopted by a relative. When planning an open adoption, no matter what the child’s age, creating a visitation agreement with the birth parent and a New Jersey adoption attorney may help your family have a smoother transition and better communication.

Consider the Type of Adoption

The only type of adoption that allows the birth parent to visit with their biological child is an open adoption. The open adoption process requires careful navigation and planning, which is why it’s best to work with a New Jersey adoption attorney. In an open adoption, the adoptive parent or parents may choose to allow the birth mother or biological father of the child to occasionally or regularly communicate with their child through specific types of interactions at a specific frequency and through certain methods.

Determine the Timing of Communications

A very young child may not understand the difference between biological and adoptive parents. They may become confused or develop attachment disorders or other mental health issues if they don’t understand who their parents are. Some adoptive families choose to limit the child’s in-person interactions with the birth parents until the child is old enough to understand that they were adopted and their biological parents are different from the people who adopted them.

 

VeryWell Family suggests telling a child they are adopted by the age of 3. Use words the child can understand. Working with a child psychologist may help with this process.

Plan Which Types of Communication Are Allowed

Thanks to technology, there are many ways a birth parent can interact with their biological child and the child’s adoptive family. Consider how you want these interactions to take place. You might think about sending digital photos, setting up video calls, sending text messages or emailing. Phone calls and snail mail also facilitate regular communication between a birth parent and their biological child.

Decide on Visitation Times

For in-person visitation, consider which times and how frequently you want them to occur. Special events in a child’s life, such as their first birthday, first day of school or first school play may be of interest to their birth parent. The birth parent might want to see the child on their birthday or on religious holidays. Decide what you feel comfortable with, such as a two-hour visit on the child’s birthday.

Include Visitation Locations

The location of visits with your child and their birth parent matters. Your child may feel more comfortable at a neutral place, such as a children’s museum, counselor’s office or similar setting. If you’re comfortable, you could have the birth parent visit your child in your home.

Consider the Child’s Preferences

As the child gets older, you may want to reconsider the visitation agreement. Your child might wish to see their birth parent more or less frequently as they get older. They may have an idea of how they want to spend their birthdays, school breaks and other special events and days. Including your child in the process could help reduce confusion, resentment and negative feelings toward you or their birth parent.

 

If you’re considering an open adoption, speaking with a New Jersey adoption attorney will help you understand your rights and the rights of the birth parents. Knowing how to set up a visitation agreement with the birth parent also give you information about what to expect in the future for your family. To learn more or to schedule a consultation with the law firm of Cofsky & Zeidman, call our Haddonfield office at (856) 429-5005 or our Woodbury office at (856) 845-2555. You can also complete our online contact form, and our associate will reach out to you to schedule a consultation.

Is an Open Adoption Right for You?

Exploring the Pros and Cons of Open Adoption

In general, 60% to 70% of adoptions are open. This style of adoption involves the adoptive family and birth family continuing to stay in contact as the child grows up. To see if it will work for your situation, it can be helpful to learn a little about the pros and cons of this adoption type.

Pro: Children Don’t Feel Like They’re Missing Anything

No matter how much love and care you provide your child, the reality is that they did lose an important connection to their past. When a child never gets to see or hear about their birth family, they end up with a lot of questions. An open adoption can help reduce this feeling of having a “missing piece.”

It is fairly common for adoptive children to build up a fantasy when they are not in contact with their birth family. They may romanticize their birth family, obsess over what their life would have been like, or feel like they are missing out on something. Keeping contact with the birth family can help reassure the child that they are in the right place.

Con: Conflicts Between the Two Families

Adoption can be an intensely emotional journey, so there is always some possibility of drama. Adding a second family to the mix may result in some disagreements. Often, the main struggle is just navigating poverty, mental health issues, drug use, or other problems that led to the adoption in the first place.

There can also be conflict due to mismatched expectations. The birth family may be unhappy about the way you choose to raise your child, or you may be unhappy with how much impact the birth family has. Some parents may feel anxious or worried about the idea of their child preferring the birth family, so they might lash out and cause more conflict.

Pro: Children Stay More Connected With Their Background

Contact with the birth family can be especially helpful in cross-cultural adoptions. If the child is of a different race than the adoptive parents, their birth family can provide some perspective on challenges the child might face. Open adoptions also help children to connect more closely with their roots and learn about their genetic background.

This information on your child’s heritage can give them a very valuable sense of stability. It can also help you to better equip your child for a future where they may face discrimination or judgement.

Con: Birth Parents May Struggle to Maintain Appropriate Boundaries

This is often the biggest fear adoptive parents have with an open adoption. Parents worry that open adoptions may make it easier for a birth parent to try to diminish their parental role. The reality is a little more nuanced. Most birth parents are not interested in trying to outright take over your parental responsibilities.

However, there can be awkward instances, like a birth parent showing up unannounced or contacting your child without your knowledge. To prevent this from happening, it can be helpful to have a New Jersey adoption attorney create a clear agreement that schedules visits, calls, and other contact.

Pro: Children Have a Wider Support Circle

Having more people around who love your child is always a good thing. For some families, an open adoption just means a visit every couple of years. However, for some families, open adoption can create some truly special relationships.

Many birth parents are happy to take on the role of a distant relative or family friend. It can mean more people at birthday parties, more holiday presents, and more special memories. This can provide a valuable sense of love and support for your child.

Ultimately, this type of a procedure can help to mitigate some of the stress associated with adoption, but it is important to establish very clear boundaries. This is where Cofsky & Zeidman of Haddonfield can help. Our New Jersey adoption attorney firm can assist you with navigating all the legal agreements of open adoptions. We provide legal support for all types of adoptions, assisted reproductions, and more. Call us at 856-429-5005 or fill out our contact form to set up an appointment.

What to Know About Open Adoptions

Top Pros and Cons of Open Adoptions

Those who are looking to adopt a child should understand that open adoptions are now considered to be the standard form of adoption. In fact, 95% of adoptions are considered open adoptions. The process works to provide a better relationship between the adoptive parents and the child to ensure there’s a mutual agreement for less conflict or complications that can develop.

Pro: Medically Informed

Adoptive parents can have peace of mind knowing that they’ll be medically informed of the child’s health and well-being with an open adoption. Parents are provided an extensive medical history of the child and even obtain new information over time. It can be easier to care for the child both now and in the future if all of the details are disclosed in advance. Parents can also avoid surprises in the future if they aren’t left in the dark about their adopted child’s medical history.

Con: Extended Family

If there’s extended family that is involved with the open adoption process, it can complicate it for the adoptive parents. There may be more paperwork to fill out and submit if the child has siblings or comes from a Native American family. There can also be a higher risk of a legal battle if the extended family learns that the child is going to be adopted. Tribal members and siblings have rights that allow them to visit the child even if they’re not closely related to the individual. For adoptive parents, this could prove to be challenging and may require flexibility with working with the family members on when they want to spend time with the child.

Pro: Provide Adoptees With Information on Their Background

Open adoptions can offer emotional relief and comfort to adoptive children by allowing them to obtain information on their biological parents. Adoptees can have detailed knowledge of their background, which can provide them with access to their birth parents when they get older. The birth parents can be known and accessible, which can provide kids with information on their adoption story. For many children, this can help their emotional well-being and prevent them from having confusion about where they come from as they get older.

The adoptive parents will also have knowledge of the child’s family history, such as the birth parents’ characteristics. Those who choose to meet the birth parents ahead of time can be more prepared for the adoption process compared to not meeting the parents at all.

Con: Less Anonymity

In most cases, there’s less anonymity that comes with open adoptions, which can allow the birth parents to have full access and knowledge of the adoptive parents’ information. Some people may feel less protected with an open adoption. The birth parents may be able to access names, email addresses, and phone numbers. For some adoptive parents, this can be a concern and cause them to worry about if they’ll be contacted in the future by the birth parents. It can also lead to legal conflicts or issues that require the help of our NJ adoption lawyer.

Pro: Peace of Mind to Birth Parents

For birth parents who choose to put their child up for adoption, it can be easy to have a sense of loss when separating from their child. Open adoptions can offer comfort and peace of mind by allowing the birth parents to be involved in their child’s future. They can still have control over the process and avoid feeling like all communication or contact is completely cut off. For the child, this can also help their emotional development and help them thrive in their adoptive home.

Contact Cofsky & Zeidman to learn more about open adoptions and protect yourself through the process with the services of a legal professional. With the help of our NJ adoption lawyer, you can learn more about your rights. Call our Haddonfield office at (856) 429-5005 or our Woodbury office at (856) 845-2555 to speak with a legal counselor.

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