Post-Adoption Contact Agreements in New Jersey

Understanding the Legal Status of Post-Adoption Contact Agreements in NJ

A post-adoption contact agreement is a document where the birth parents and adoptive parents decide on the nature and frequency of contact and potential relationship that the adopted child will have with their birth parents.  It is usually done before the adoption’s finalization. While some may consider a post-adoption contact agreement a good idea to meet their family’s unique needs, it is critical to understand the implications of these agreements and whether or not they can be enforced in a court of law in New Jersey.

The experienced family lawyers at Bronzino Law Firm are here to guide you through the intricacies of adoption and to ensure you are fully informed of your rights when making any agreements as to adopting a child. We serve families in Monmouth and Ocean County and throughout Southern New Jersey. Contact us today at (732) 812-3102 for a confidential free consultation.

How Post-Adoption Contact Agreements Enhance Open Adoptions

Open adoptions have become popular of late because they allow for interaction between the adoptive family and the birth parents before, during, and after the adoption has been effectuated. Open adoptions allow the biological parents to meet the adoptive family.   Many birth parents prefer an open adoption because it will enable them to see how their child is growing and being cared for in the best way.  It offers an answer to their concerns about the safety and well-being of their biological child. They can share information with the child about their family’s background, giving the child a better picture of their heritage and identity.  Open adoptions allow the biological parents to meet the adoptive family and watch their child grow and mature.  Exchanges between the biological and adoptive parents can include photos, letters, videos, and meeting the child if both sides agree.  Some adoptive families include the biological parents in birthday celebrations, vacations, graduations, and other activities to foster an ongoing relationship.

Nowadays, birth parents are taken more into account.  If children are adopted from foster care or as stepchildren, they most likely have had some relationship with their birth parents before the adoption.  Open adoptions allow the biological parents to hand-pick the adoptive parents and choose those who are flexible regarding contact and communication with the child.  Also, biological parents are an excellent resource for information about the child’s cultural history and medical issues.

Unenforceability of Post-Adoption Contact Agreements in New Jersey Courts

New Jersey’s adoption laws do not recognize open adoptions in the sense that the biological parents are somehow obligated to permit contact between them and the child. While an agreement can be made, the biological parents must acknowledge that it is the adoptive parents’ choice as to how much contact there will be. At any time, the adoptive parents can rescind the agreement, leaving the biological parents unable to contact the child at all.

Although New Jersey laws do not consider a post-adoption contact agreement enforceable, most parents want what is best for the child. Contact with the biological parents is often considered healthy and in the child’s best interest. If the biological parents desire contact with the child, they are usually flexible as to the stipulations presented by the adoptive parents in the agreement.  There is always the risk that either party will break the agreement, but a well-thought-out plan that honors everyone’s expectations provides an excellent framework.

Devising an Informal Agreement on Post-Adoption Contact and Communication

These agreements are as unique as the people who make them.  While some are very broad, the best agreements lay out a specific framework detailing the boundaries of communication between the biological parents and the adopted child. Visitation is a big part of the agreement. Who can visit, where they will visit, how often, and how long they will visit should be addressed. Another point is whether or not an adoptive parent must accompany the child during the visit.

An agreement as to how often photos and updates will be given and how that information will be communicated, such as mail, social media, email, texts, or phone calls.  Adoptive parents may request that the biological parent not publish anything about the child on social media. Some agreements include how the child will address the biological parents rather than as their mother or father.  Some families refer to the biological parents and an aunt or uncle.  Others pick special nicknames for them.

Who Decides Birth Parent Contact in NJ Adoptions?

The adoptive parents have the final say about how involved the biological parents will be in the child’s life.  If they feel the contact between the child and the biological parent is detrimental, they can reduce or terminate all contact.  For example, 10-year-old Braxton was adopted when he was six years old.  He saw his biological parents once a month or so at family gatherings and special events like his birthday.  But lately, his biological mother has been pressuring him for more visits, calling him several times a day and sometimes waiting for him after school to cajole him into going to eat or to the mall.  Her constant insistence is making Braxton anxious and uncomfortable.  He no longer looks forward to their visits.  Braxton’s adoptive parents have spoken to his biological mother on several occasions, but she refuses to back off.  In Braxton’s best interests, they decide not to let her contact him at all, at least for the time being, because she refused to respect the boundaries set in the agreement.

Speak with a Lawyer about Post-Adoption Contact Agreement Concerns in Freehold, NJ

Adopting a child is a wonderful, exciting time, but the adoption process has many requirements, is long, and can be confusing.  You need someone to tell you what to expect and what steps to take. At the Bronzino Law Firm, our clients are family, and our attorneys are dedicated to protecting your rights and interests. There are many kinds of adoptions. In addition to helping you with the necessary paperwork and legal processes, our lawyers can assist you in choosing the kind of adoption that is right for your family.

We want to make your dream of adopting a child come true. As such, we can keep you abreast of legal challenges or potential problems and help you navigate each step of the adoption process so that it goes smoothly and without delays, while also answering key questions and addressing concerns that may affect your future. We serve families in Manchester, Red Bank, Eatontown, Tinton Falls, Sea Bright, Lakewood, Middletown, and across Monmouth County and Ocean County. If you have legal concerns involving the adoption of a child in New Jersey, call us today for a free consultation at (732) 812-3102 or reach out to us online.