Post Contact Agreements in California Adoptions

Adoption is the beginning of a relationship. In many cases that relationship extends far beyond a connection with a child. Adoption brings together two families: the adoptive family and the birth family. What happens to this relationship after the adoption is finalized? Different adoptive families and birth parents have different agreements about what the birth family’s contact with the child will look like.

What is a Post Adoption Contact Agreement?
A Post Adoption Contact Agreement is an agreement that the adoptive and birth families enter into when the birth family signs the papers that give their consent to the adoption. This agreement gives an outline of the ongoing contact that the birth parents and the adoptive family agree to, and it is different in each situation. There is no minimum or maximum amount of contact required. In some cases, the birth family may request photos or updates about the child, and in other cases the birth family may ask for visitation. Post contact agreements are ethical agreements, and in California adoptions these agreements are enforceable in the courts.

Why Create a Post Contact Agreement?
A Post Contact Agreement is a way to shape the future relationship between the birth family, the adoptive family, and the adoptee. It sets out strong groundwork that helps everyone in the relationship know what to expect. For birth parents, having a contact agreement in place is a way of knowing how the child is doing, and it can be reassuring to see that child growing up in a happy and stable home.

Navigating the Post Contact Agreement
A Post Contact Agreement needs to work well for all of those involved, and it’s important to talk about what this relationship will look like before the birth mother delivers the child. That way, you can make sure that everyone has similar expectations for contact.

Like any relationship, there will be some negotiation. What level of contact feels good to the birth family, and what contact feels good to the adoptive family and the adopted child? As you outline what this relationship will look like, it’s important to get help when you need it. This agreement should feel comfortable to everyone, and it’s important to outline your expectations from the beginning. If one party is uncomfortable with the other’s expectations, this might not be a good match.

When you’re navigating the world of post contact agreements, be honest about your expectations. It’s in the child’s best interest to have a contact agreement with clear expectations, so that everyone involved knows what contact looks like and knows what to expect. Outlining a post contact agreement may seem like a long process of finding a middle ground, but as the adoptee grows up, he or she will appreciate the effort that everyone involved put into this relationship.

If you’re considering adoption, we can help you navigate the process by providing legal advice. We work with a small number of families at a time, helping them work through the legal side of adoption. If you’re thinking about adoption, call us for a free consultation at 925-945-1880.

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About Megan Cohen, Adoption Attorney

(Attorney) is one of the only adoption attorneys in the country who is also a birth mother. Admitted to the bar in January 2010, Megan began working with Diane that same year and made partner by 2011. She took over the firm in 2013 and has since received Super Lawyers’ Northern California Rising Star award in 2013 and 2014. Megan graduated magna cum laude and first in her class from law school where she earned multiple awards for academic excellence. As a law student, she worked for three years as an advocate for victims of domestic violence. Prior to studying law, Megan was both a successful small business owner and a high school English teacher. Her passion for adoption began when she placed her son for adoption in 1988. She continues to have an open relationship with her adopted son and his parents, and has intimate knowledge of what it means to place a child, to choose the child’s parents, and to both stay connected and reunite with the adopting family.