OPEN ADOPTION AGREEMENT

(Post-Adoption Contact Agreement)

AGREEMENT INFORMATION

PARTIES TO THIS AGREEMENT

Adoptive Parent(s)

Adoptive Parent 1:

Adoptive Parent 2 (if applicable):

Birth Parent(s)

Birth Mother:

Birth Father (if participating):

Child

Other Parties (if applicable)

☐ Birth Siblings: _____________

☐ Birth Grandparents: _____________

☐ Other Birth Relatives: _____________

SECTION I: PURPOSE AND INTENT

1.1 Statement of Purpose

The parties enter into this Agreement with the understanding that:

☐ Maintaining some connection between the child and birth family can be beneficial to the child's emotional well-being and identity development

☐ The adoptive parents are and will be the child's legal parents with full parental rights and responsibilities

☐ This agreement is intended to facilitate a relationship that is in the best interests of the child

☐ All parties are entering this agreement voluntarily

☐ The child's best interests will guide all decisions regarding contact

1.2 Intent of Parties

The parties intend for this Agreement to:

☐ Establish a framework for ongoing communication and/or contact

☐ Provide clarity and predictability for all parties

☐ Be flexible and subject to modification as the child's needs change

☐ Prioritize the child's well-being above all else

☐ [If enforceable in state:] Create legally binding obligations regarding contact

SECTION II: ENFORCEABILITY NOTICE

2.1 State-Specific Enforceability

IMPORTANT: READ CAREFULLY

The enforceability of this Agreement depends on state law:

☐ This state has an enforceable PACA statute: [STATE NAME]

☐ This state does NOT have an enforceable PACA statute - this is a good faith agreement only

☐ Enforceability is limited to certain situations (foster care, stepparent, etc.)

2.2 Understanding of Enforceability

All parties acknowledge and understand:

☐ Whether this agreement is legally enforceable in [STATE]

☐ That even if enforceable, a court may modify the agreement if in the child's best interest

☐ That violation of this agreement CANNOT be used as grounds to set aside the adoption

☐ That if there is a dispute, [mediation/court action] may be required

☐ That any enforcement action must prioritize the child's best interests

2.3 Effect on Adoption

All parties expressly agree:

☐ This Agreement is separate from and subordinate to the adoption

☐ Failure to comply with this Agreement shall NOT affect the validity of the adoption

☐ The adoption cannot be set aside or reversed due to breach of this Agreement

☐ No order affecting custody of the child will result from enforcement actions

SECTION III: CONTACT PROVISIONS

3.1 Types of Contact

Select all that apply and specify details:

Written Communication

☐ Letters/cards from birth parent(s) to child

Frequency: ☐ Monthly ☐ Quarterly ☐ Twice yearly ☐ Annually ☐ Other: _______

☐ Letters/cards from adoptive family to birth parent(s)

Frequency: ☐ Monthly ☐ Quarterly ☐ Twice yearly ☐ Annually ☐ Other: _______

☐ Email communication

Frequency: _____________

☐ Communication through intermediary only

Intermediary: [AGENCY NAME OR PERSON]

Photographs and Updates

☐ Photos of child sent to birth parent(s)

Frequency: ☐ Monthly ☐ Quarterly ☐ Twice yearly ☐ Annually ☐ Other: _______

Type: ☐ Physical photos ☐ Digital photos ☐ Either

☐ Written updates about child's development

Frequency: _____________

☐ School photos/reports (as appropriate)

Frequency: _____________

☐ Video updates

Frequency: _____________

Telephone/Video Contact

☐ Phone calls between birth parent(s) and child

Frequency: _____________

Duration: _____________

Supervision: ☐ Adoptive parent present ☐ Unsupervised

☐ Video calls (FaceTime, Zoom, etc.)

Frequency: _____________

Duration: _____________

Supervision: ☐ Adoptive parent present ☐ Unsupervised

In-Person Visits

☐ In-person visits between birth parent(s) and child

Frequency: ☐ Monthly ☐ Quarterly ☐ Twice yearly ☐ Annually ☐ Other: _______

Duration: _____________

Location: ☐ Neutral location ☐ Adoptive family home ☐ Birth family home ☐ Other: _______

Supervision: ☐ Adoptive parent present ☐ Unsupervised ☐ Professional supervisor

☐ Visits with birth siblings

Frequency: _____________

Terms: _____________

☐ Visits with birth grandparents or other relatives

Frequency: _____________

Terms: _____________

Special Occasions

☐ Birthday acknowledgment (card, gift, call)

☐ Holiday contact (specify holidays): _____________

☐ Other special occasions: _____________

3.2 Contact Schedule Summary

SECTION IV: GUIDELINES AND BOUNDARIES

4.1 Communication Guidelines

All parties agree to:

☐ Communicate respectfully and in a manner appropriate for the child's age

☐ Not make negative comments about other parties to or in front of the child

☐ Keep addresses and phone numbers confidential unless otherwise agreed

☐ Respect the child's emotional state and needs during contact

☐ Support the child's relationship with the other party

☐ Be flexible and understanding when schedules need to change

☐ Give reasonable advance notice when canceling or rescheduling

4.2 Content Restrictions

Unless otherwise agreed, communications shall NOT include:

☐ Criticism of adoptive parents or parenting decisions

☐ Discussion of reasons for adoption in an age-inappropriate way

☐ Promises that cannot be kept

☐ Requests to keep secrets from adoptive parents

☐ Gifts that violate adoptive family rules (without prior approval)

☐ Requests for money or financial assistance

☐ Alcohol or substance use during visits

☐ Other: _____________

4.3 Gifts

☐ Gifts from birth parent(s) are permitted

☐ Gifts should be age-appropriate

☐ Gift value limit (if any): $[AMOUNT]

☐ Gifts require prior approval from adoptive parents

☐ Gifts will be given on: ☐ Birthdays ☐ Holidays ☐ Other: _______

☐ Gifts are not permitted at this time

SECTION V: INFORMATION SHARING

5.1 Information Adoptive Parents Will Provide

☐ General updates on child's health and well-being

☐ Developmental milestones

☐ Educational progress (as appropriate)

☐ Photos as specified in Section III

☐ Information about significant events or changes

☐ Updated contact information (or through intermediary)

5.2 Information Birth Parent(s) Will Provide

☐ Updated contact information (or through intermediary)

☐ Updated medical history (especially genetic conditions discovered later)

☐ Significant family medical history updates

☐ Other: _____________

5.3 Information Sharing Limitations

☐ Child's specific address may be kept confidential

☐ Child's school name may be kept confidential

☐ Certain information may be shared through intermediary only

☐ Other limitations: _____________

SECTION VI: COMMUNICATION INTERMEDIARY

6.1 Use of Intermediary

☐ All communication will be direct between parties

☐ All communication will go through an intermediary

☐ Some communication will go through intermediary as specified

6.2 Intermediary Information

6.3 Intermediary Responsibilities

The intermediary will:

☐ Forward communications between parties

☐ Screen communications for appropriateness

☐ Maintain confidentiality of address/contact information

☐ Facilitate contact scheduling

☐ Mediate minor disputes

☐ Maintain records of communications

SECTION VII: CHILD'S PARTICIPATION AND CONSENT

7.1 Child's Current Age and Participation

☐ Child is too young to participate in this agreement (under age [NUMBER])

☐ Child is [AGE] years old and:
☐ Has been consulted about this agreement
☐ Agrees to the contact provisions
☐ Has expressed preferences that are reflected herein

7.2 As Child Matures

The parties agree:

☐ The child's preferences will be increasingly considered as they mature

☐ The child may directly participate in modifying this agreement when appropriate

☐ If the child expresses a desire to increase or decrease contact, the parties will discuss

☐ The child will not be forced to have contact they do not want

☐ At age [NUMBER], the child may communicate directly with birth parent(s) if they choose

7.3 Child's Consent (if old enough)

If the child is old enough to consent:

I, [CHILD'S NAME], age [AGE], have been told about this agreement and:

☐ I agree with the contact plan

☐ I want to have contact with my birth [mother/father/family]

☐ I understand I can talk to my [adoptive parents/counselor] if I have concerns

Signature (if applicable): _________________________________

Date: _________________________________

SECTION VIII: MODIFICATION OF AGREEMENT

8.1 When Modification May Occur

This Agreement may be modified:

☐ By mutual written consent of the parties

☐ Upon significant change in circumstances

☐ As the child's needs and preferences evolve

☐ Upon request of the child when of appropriate age

☐ By court order (in states where enforceable)

8.2 Modification Process

☐ Any party may propose modifications in writing

☐ Parties agree to discuss proposed changes in good faith

☐ Changes must be documented in writing and signed by all parties

☐ If parties cannot agree, [mediation/other dispute resolution] will be used

☐ In enforceable states, court approval may be required

8.3 Circumstances Warranting Review

The parties agree to review and potentially modify this Agreement if:

☐ The child's emotional needs change

☐ A party relocates significantly

☐ The child requests changes

☐ Contact is causing distress to the child

☐ A party is unable to fulfill their obligations

☐ Other significant life changes occur

SECTION IX: DISPUTE RESOLUTION

9.1 Good Faith Resolution

The parties agree:

☐ To attempt to resolve disputes through direct, respectful communication first

☐ To prioritize the child's best interests in resolving disputes

☐ To act in good faith regarding this Agreement

9.2 Mediation

Before seeking court intervention (if available):

☐ Parties agree to participate in mediation

☐ Mediation costs will be: ☐ Shared equally ☐ Paid by ____________

☐ Mediator will be: [NAME/ORGANIZATION] or mutually selected

9.3 Court Enforcement (if applicable)

In states where this Agreement is enforceable:

☐ Any party may petition the court for enforcement

☐ The court will consider the child's best interests

☐ Remedies may include: ☐ Ordering compliance ☐ Modifying agreement ☐ Other: _______

☐ Remedies shall NOT include: Setting aside the adoption or changing custody

SECTION X: TERMINATION OF AGREEMENT

10.1 Termination Circumstances

This Agreement may terminate:

☐ Upon mutual written agreement of the parties

☐ Upon the child reaching age 18 (contact then at child's discretion)

☐ By court order for good cause shown (in enforceable states)

☐ Other: _____________

10.2 Survival

Even if this Agreement terminates:

☐ The child's right to access non-identifying information remains

☐ Medical history sharing obligations continue

☐ The adoption remains fully valid and in effect

SECTION XI: ADDITIONAL PROVISIONS

11.1 Confidentiality

☐ The terms of this Agreement are confidential

☐ Parties will not share details on social media

☐ Parties may share with: [SPECIFY - counselors, immediate family, etc.]

11.2 Social Media

☐ Parties may post photos including the child with prior consent

☐ Parties will not post identifiable information about the child

☐ Parties will not "friend" or follow the child until age [NUMBER] or with adoptive parent approval

☐ Parties will respect each other's privacy on social media

11.3 Relocation

☐ Parties agree to provide [30/60/90] days notice of relocation

☐ Relocation will not terminate this Agreement but may require modification

☐ Parties will work together to maintain contact despite distance

11.4 Other Provisions

_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

SECTION XII: STATE-SPECIFIC NOTES

States with Enforceable Post-Adoption Contact Agreements

As of 2026 - verify current law in your state

Fully Enforceable (approximately 25 states + DC):
Including but not limited to: Arizona, California, Connecticut, Florida, Indiana, Louisiana, Maryland, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire, New Mexico, New York (agency adoptions only), Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Washington, West Virginia

Limited Enforceability:
- Indiana: Children 2+ years only
- Utah, Vermont: Foster care adoptions only
- Wisconsin: Stepparent and relative adoptions only
- New York: Agency adoptions only

Not Enforceable/No Statute:
Approximately 20 states have no statute - agreements are good faith only

California

• Governed by California Family Code Section 8714.7
• Must be approved by court at adoption finalization
• Enforceable through court action
• Cannot affect validity of adoption

Texas

• Governed by Texas Family Code Section 161.2061
• Agreements must be in writing
• Must be in child's best interest
• Cannot affect adoption validity

Florida

• Post-Adoption Contact Agreements available under Chapter 63
• Must be approved by court
• Enforceable through contempt proceedings

New York

• Governed by NY Social Services Law and Domestic Relations Law
• Enforceable only in agency adoptions (not private placements)
• Must be approved by court finalizing adoption
• Can be modified by court for child's best interest

SECTION XIII: SIGNATURES

Adoptive Parent(s)

We have read this Agreement, understand its terms, and agree to be bound by it. We understand the enforceability status in our state.

Adoptive Parent 1:

Signature: _________________________________

Print Name: _________________________________

Date: _________________________________

Adoptive Parent 2:

Signature: _________________________________

Print Name: _________________________________

Date: _________________________________

Birth Parent(s)

I/We have read this Agreement, understand its terms, and agree to be bound by it. I/We understand this Agreement does not affect the validity of the adoption or my/our termination of parental rights.

Birth Mother:

Signature: _________________________________

Print Name: _________________________________

Date: _________________________________

Birth Father:

Signature: _________________________________

Print Name: _________________________________

Date: _________________________________

Other Parties (if applicable)

Birth Relative: [NAME]

Signature: _________________________________

Print Name: _________________________________

Relationship: _________________________________

Date: _________________________________

NOTARY ACKNOWLEDGMENT

State of [STATE]
County of [COUNTY]

On [DATE], before me, [NOTARY NAME], a Notary Public, personally appeared the above-named individuals, proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to this instrument and acknowledged that they executed the same.

WITNESS my hand and official seal.

Notary Signature: _________________________________

Print Name: _________________________________

Commission Expires: _________________________________

[NOTARY SEAL]

COURT APPROVAL (if required for enforceability)

The Court, having reviewed this Post-Adoption Contact Agreement and finding that it is in the best interests of the child:

☐ APPROVES this Agreement

☐ APPROVES this Agreement with the following modifications: _____________

☐ DENIES approval because: _____________

This Agreement is incorporated into the Adoption Decree in Case No. [NUMBER].

DATED: _________________________________

_________________________________
JUDGE

DOCUMENT CONTROL

This Agreement is provided for informational purposes only. The enforceability of open adoption agreements varies significantly by state. Some states have specific statutes making these agreements legally enforceable; others do not. Consult with a qualified attorney licensed in your jurisdiction to understand the legal effect of this agreement in your state.