A post-adoption contact agreement (sometimes referred to as an open adoption contract) is a voluntary contract between the adoptive parents and birth parents that outlines contact between them once the adoption is finalized.
It is important to know and keep in mind that post-adoption contact agreements are not legally enforceable in all states. In states that recognize post-adoption contact agreements, you must file them with the court at the time of finalization of the adoption. However, even if you live in a state that doesn’t enforce post-adoption contact agreements, it is still recommended that you have a post-adoption contact agreement if you are planning an open adoption.
After a child/baby is placed for adoption, then what? What does that relationship and contact look like for birth parents and the adoptive parents?
A post-adoption contact agreement, AKA open adoption contract, answers those questions and set expectations after placement.
These agreement ARE NOT legally enforceable in Florida and are not filed with the court. Tammi Driver Law still highly recommends having a post-adoption contact agreement and includes this in your representation.
Why do we recommend a Post-Adoption Contact Agreement?
Simply put, it gets everyone involved on the same page and sets agreed upon and reasonable expectations. If by chance there are issues or disagreements years down the road, this agreement is a road map to refer to and hopefully be used as a guide to continue to fulfill some of the moral obligations as agreed upon prior to placement.
This in theory, is more to protect the birth parents’ desire for future contact and updates but, it also helps inform and set expectations for the adoptive parents going forward.
What is the downside to Post-Adoption Contact Agreements?
The biggest and seemingly only downside is that they are not legally binding or enforceable in Florida and in the states around the US that they are enforceable and binding, it is extremely costly to try and enforce.
In other words, if one of the parties doesn’t hold up their part of the agreement, the only really solution is advocation and having someone help mediate and try and get some cooperation based on the previous agreement.
Do you take care of writing the Post-Adoption Agreement?
An adoption attorney, like Tammi Driver, or an adoption agency facilitates meeting with the birth parents and adoptive parents to understand what each party desires and then drafts and agreement based on that.
A birth parent or adoptive parent doesn’t need to do anything else but answer some questions. It is the adoption professionals job to then compile that into an agreement that you can sign along with placement paperwork.
What is in a Post-Adoption Agreement?
This agreement is tailored to the needs of the birth parents and adoptive parents and may include things like:
• How often visits will take place
• Where visits will take place
• How long visits will last
• Who can attend visits
• How often photos and updates will be provided
• If you are allowed to share photos on social media
• How photos and updates will be provided (through mail, email, a private blog, social media, etc.)
• Social media access (Will you be Facebook “friends” with your child’s adoptive parents?)
• What your child will call you
• If you are allowed to send gifts and when it is appropriate to do so
• Promise of all parties to update the others should they move, change their phone number, etc.
Finally, Tammi Driver Law suggests leaving some flexibility in the agreement as often times things change and a birth parent and adoptive parents may need some minor adjustments. This, again, is about setting expectations and helping both parties understand that the goal is to try and fulfill the spirit and intent of the agreement and it may not be possible to execute every detail along the journey.
Reach out to us if you need help with any and all questions regarding post-placement agreements or your specific adoption questions and needs. You can reach us via chat right here on the site or by calling 727-800-6681.
Frequently Asked Questions About Post-Adoption Contact Agreements in Florida
What is a post-adoption contact agreement?
A post-adoption contact agreement is an agreement between birth parents and adoptive parents that describes the type of communication or contact they expect to maintain after an adoption. It may address visits, photographs, updates, phone calls, social media, gifts, and other forms of ongoing contact.
Are post-adoption contact agreements legally enforceable in Florida?
No. Post-adoption contact agreements are not legally enforceable in Florida. However, putting expectations in writing can still provide birth parents and adoptive parents with a clear understanding of the relationship they intend to maintain after placement.
Why have a post-adoption contact agreement if it is not enforceable in Florida?
A written agreement can help everyone discuss expectations before the adoption and provide a roadmap for the relationship afterward. It can reduce misunderstandings about matters such as visits, photographs, updates, communication, social media, and involvement of extended family.
Is a post-adoption contact agreement the same as an open adoption agreement?
The terms are sometimes used interchangeably. A post-adoption contact agreement generally documents the contact that birth parents and adoptive parents expect to have after an adoption and is commonly associated with an open or semi-open adoption.
What can be included in a post-adoption contact agreement?
The agreement can address how often visits occur, where visits take place, who attends, how often photographs and updates are provided, how the parties communicate, social media expectations, gifts, and other details that are important to the birth and adoptive families.
Can a post-adoption contact agreement include in-person visits?
Yes. Birth parents and adoptive parents can discuss whether they want in-person visits and, if so, expectations concerning their frequency, location, duration, and who may participate.
Can the agreement include pictures and updates about the child?
Yes. The parties can establish expectations for photographs and updates, including how frequently they will be provided and how they will be shared. For example, families may use email, text messages, social media, mail, or another agreed-upon method.
Can grandparents or other birth family members be included in the agreement?
Potentially, yes. If continued relationships with grandparents, siblings, or other birth relatives are important, those expectations can be discussed when developing the agreement. The specific arrangement depends on what the birth parents and adoptive parents agree upon.
Can a post-adoption contact agreement address social media?
Yes. Families may establish expectations about connecting on social media, sharing photographs of the child, tagging family members, or communicating through social platforms. Discussing these issues in advance can help prevent misunderstandings later.
Who writes the post-adoption contact agreement?
An adoption attorney or other adoption professional can help the birth parents and prospective adoptive parents discuss their expectations and put those expectations into writing. The agreement should reflect the circumstances and preferences of the particular families involved.
When should a post-adoption contact agreement be discussed?
Ideally, expectations about post-adoption contact should be discussed before placement and finalization. This gives the birth parents and prospective adoptive parents an opportunity to determine whether they have compatible expectations about their future relationship.
Can a post-adoption contact agreement be changed later?
Birth and adoptive families may mutually decide that their relationship needs to evolve as circumstances change and the child grows. Building some flexibility into the original agreement can make it easier to accommodate reasonable changes over time.
What happens if adoptive parents do not follow the contact agreement in Florida?
Because post-adoption contact agreements are not legally enforceable in Florida, enforcing the agreement through the courts is generally not an available remedy. Communication, advocacy, or mediation may help the parties address disagreements and return to the expectations they established before the adoption.
Does a post-adoption contact agreement give birth parents parental rights?
No. A post-adoption contact agreement does not give birth parents continuing legal parental rights or shared custody. After an adoption is finalized, the adoptive parents are the child’s legal parents. The contact agreement addresses the ongoing relationship rather than legal parentage.
Is a post-adoption contact agreement the same as shared custody?
No. An open adoption and post-adoption contact agreement do not create a co-parenting or shared-custody arrangement. The adoptive parents have the legal rights and responsibilities of parenthood after finalization, even when the family maintains a close relationship with the child’s birth family.
Should we use a post-adoption contact agreement in a Florida open adoption?
Even though these agreements are not legally enforceable in Florida, putting expectations in writing can be valuable. It encourages important conversations before placement and gives both families a written reference for the type of relationship they hope to maintain throughout the child’s life.