For many years birthparents and adoptive parents have entered
into written and verbal open adoption agreements. To
make a mutually satisfactory agreement, birth and adoptive
parents discussed what type of contact they wanted throughout
the life of the child, including letters and pictures, telephone
contact, and/or in-person visits. Depending on the
desires, needs, and circumstances of the birth and adoptive
parents, these "good faith agreements" have usually
been easily negotiated and valuable to everyone. While
not legally binding, the expectation has been that the agreements
will be followed.
Beginning in January of 2001 the State of California has
created new adoption regulations that allow for a legally
binding Post Adoption agreement. These new agreements
are voluntary and must be completed before an adoption is
finalized.
Why the new law?
These new regulations were meant to protect the rights of the birthfamily and
to make sure that the contact that is initially agreed to, before the finalized
adoption, continues to be followed.
Is this a legally binding agreement?
Yes. This Agreement can become legally binding if it is filed in the
Court with the Petition to Adoption. It will become legally binding when
the adoption is finalized.
What happens if one party does not comply?
Non-compliance with the agreement cannot overturn an adoption. If (in the years
after the adoption is finalized) there is a question as to whether the agreement
is being upheld either party can bring the other into court to enforce it. The
court may appoint a mediator to resolve the differences and subsequent changes
to the agreement must be filed with the court.
Is this New Post Adoption Contract mandatory?
No. Some birth and adoptive parents may choose this new formal binding
agreement, while others will continue to prefer more informal written or verbal
agreements. Adoption Connection believes that both parties should openly
discuss the kind of contact they want after birth and will assist in helping
birth and adoptive parents to make the arrangements or agreements that work
best for them.
©2002. Adoption Connection. All Rights Reserved.
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