{"id":27376,"date":"2021-01-20T19:55:11","date_gmt":"2021-01-21T03:55:11","guid":{"rendered":"https:\/\/adevine.io\/advokids-backup\/?page_id=27376"},"modified":"2021-07-27T10:36:22","modified_gmt":"2021-07-27T17:36:22","slug":"post-adoption-contact-agreements","status":"publish","type":"page","link":"https:\/\/adevine.io\/advokids-backup\/post-adoption-contact-agreements\/","title":{"rendered":"Post Adoption Contact Agreements"},"content":{"rendered":"
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Post Adoption Contact Agreements<\/h2>\n

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A post adoption contact agreement is an arrangement that allows for contact or communication after a child\u2019s adoption has been finalized. These agreements are commonly part of \"open\" adoptions.\u00a0 <\/span><\/p>\n

Post adoption contact agreements can be made between a child (who must be a party if over the age of 12) and\/or the adoptive family and members of that child\u2019s birth family. If the child is an \u201cIndian child\u201d as defined by federal law, the child\u2019s tribe may enter into a post-adoption contact agreement with the adoptive parents.\u00a0<\/span><\/p>\n

Post adoption contact agreements typically address visitation and provisions for sharing information about the child in the future. No matter how well the families get along before the adoption, it is very important that everyone is clear on their expectations after adoption finalization. The amount of contact will be decided by the people involved and can range from several times a month to every few years, and can be modified over time as needed.<\/span><\/p>\n

In California, post adoption contact agreements are governed by <\/span>California Family Code section 8616.5<\/span><\/a>.\u00a0 Please also see CDSS Title 22 Adoption Program Regulations Section 35064<\/a> for information. \u00a0\u00a0<\/span><\/p>\n

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General Information Regarding Post Adoption Contact<\/h3>\n

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History of Open Adoption<\/h4>\n

Today, most adopted children and youth know that they are adopted, and many adoptive families have had some contact with birth families. A national study of adoptive families in the United States found that in approximately one-third of all adoptive families, the adoptive parents or the adopted child or youth had some contact with the birth family after the adoption. Post adoption contact occurred more often in private domestic adoption (68 percent) as compared with adoption from foster care (39 percent) and international adoption (6 percent). A more recent study among U.S. adoption agencies reported that almost all (95 percent) of their domestic infant adoptions were open.\u00a0 See Maintaining Connections With Birth Families in Adoption<\/a>.<\/p>\n

Several factors have contributed to the increasing openness of adoption. \u00a0First, there is growing awareness of the negative effects of secrecy and the benefits of openness for adopted children. Second, in response to large numbers of adoptees returning to adoption agencies seeking information, states have changed adoption laws. Third, social media is connecting adoptees to their biological families. Choosing openness at the time of the adoption may provide greater control over as well as preparation for future contact and facilitate communication between parties.<\/p>\n

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Rights of Parents in an Open Adoption<\/h4>\n

Except in tribal customary adoptions, the rights of birth parents in dependency cases end when the order terminating parental rights becomes final. In any adoption, except for tribal customary adoptions, birth parent rights are legally and permanently transferred to the adoptive parents.\u00a0 Relationships can continue in an open adoption. It is important to emphasize that even in a fully open adoption, adoptive parents and birth parents do not parent their child together. In all forms of adoption only the adoptive parents have the permanent legal rights and responsibilities for parenting and raising the child.<\/p>\n

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Post Adoption Contact Must Benefit the Child<\/strong><\/h4>\n

Prior to adoption finalization, the adoption agency\u2019s required written assessment of the child must include \u201cwhether the child would benefit from continuing contact with members of his or her extended family after an adoption.\u201d<\/span> CDSS <\/span>Adoption Program Regulations, Procedures for Agency Adoptions, 22 Cal. Admin. Code \u00a735127.1(3)(a)<\/a>.<\/span>\u00a0<\/span><\/p>\n

Post adoption contact agreements are permitted and encouraged only if there is benefit to the child and is in that child\u2019s best interest. <\/span>See California Family Code \u00a78616.5(a)-(b)(1)<\/a>.\u00a0<\/span><\/p>\n

According to the US Department of Health and Human Services Children\u2019s Bureau, post-adoption contact can benefit the child in the following ways:<\/span><\/p>\n