An adoptive mother writes – I adopted a sibling group from foster care a few years ago. At the time, there was no written agreement of contact between myself and biological parent. Bio parent never asked for anything official and because I knew I was open to contact, I really didn’t see the need in doing anything official either. Over the years, there has been contact, including in person visits, but everything was just on our own. Nothing official. Bio parent approached me recently about having something legal and official as far as contact. I am not opposed to this idea, even though I do not have to agree to it (as the adoption was finalized years ago). Anyway, here is where I need help…….
I want to make sure the kids are protected from being forced to do certain forms of contact if they ever don’t want to have contact. In a written agreement, what age would you put for when the children are able to have a say in contact? I am not going to be forcing a teenager, for example, to go to visits if they don’t want to. I really don’t want to be forcing an eight-year-old either so I’m not really sure how to word it to ensure the kids have rights in their contact. Maybe it shouldn’t be written down as a certain age?
Adoptees…..if you were in this situation, what would you want in the agreement? Anything you wouldn’t want? How can I support my adoptees the best with this agreement? Would it be better to not do one and just keep it unofficial?
Some responses – I would include the children, if they are old enough to comprehend, in the conversation. If not, then make it an amendable document with terms you set now and terms you can set as the children age and life evolves. But the decision to have visits can and should always be on the kids. Forcing visits can lead to resentment for both you and their natural family. Make a document that is continually agreed upon by all parties, mainly the children.
Another adoptee admits – it makes me uneasy that the biological parent wants a contract now. I do feel like it could cause the children to be forced into visits down the line, which obviously you should encourage contact and encourage visits, but they should never be forced if the children are old enough to have a say. If you’re already doing that and are willing to keep doing that, I don’t think you need anything legally binding at this moment. I would maybe draft up an informal agreement/schedule to help ease bio parent’s mind, but would put a clause in it saying that ultimately the children have the right to request more calls/visits/contact and to decline any calls/visits/contact.
One had questions – Is there even a legally binding way for bio parent to get visitation? I do feel that supporting the kids in having a relationship with their parent is extremely important, but I’m not even aware of how you would make it legally binding. Do the kids want contact with this parent? How often are they in contact now? I guess I’m wondering if the parent is feeling like they’re being kept from their kids or something, so they feel the need to do this? Sorry for all the questions but I feel like this is missing some context.
The obvious from another adoptee – Because adoption centers on the adoptee, I would ask your adoptees. But … they may not feel comfortable sharing what they really want. So much would depend on their birth family’s situation. I’m pretty sure I would not agree to a legal document now. No way. That said, I would do everything in my power to encourage relationships with their family. Something has shifted for the birthparent. I know my own actions would all be situationally dependent.
This adoptee goes straight and to the point – I so appreciate you centering the children’s wishes in this situation. Contact with the original parents should be child-led.
Another notes and suggests – discuss with the children and see what they would like to do. For now and discuss the possibilities for the future. I don’t know what kind of legally binding contract there could be as it would not likely hold up in court. But even a written, formal contract seems like a lot. Keeping the communication and opportunities for contact open is the most important.
The reality from another – I would not get anything in legal writing. I would just say that you are legally the parent and are uncomfortable with anything in writing forcing visitation as anything can happen down the road. I would ensure her that as long as things remain as they have been and the kids want to visit, you are open to always continuing things with all forms of contact phone etc. But you are not putting anything in writing, especially without an attorney opinion and that costs money and you cannot afford to get an attorney to do that. She has no choice but to take what you offer. Once you put your child up for adoption or your rights are terminated in foster care you cannot try to get rights back.
One person lends their opinion – You legally adopted them, they’re YOUR children now. Why consider anyone else having a say in what they do and giving them legal power ? As someone who worked in the law field, I personally would never encourage this. Don’t allow anyone else, bio parents included, to sway or bully, insinuating they have control or a say over you or your kids. If your kids and you are okay going for a visit – go for a visit ! If not, don’t. Just like any other visit to a cousin’s house or a soccer tournament. Do not sign any legal document that takes any type of decision making power out of your – their mother and guardian – hands. The fact they’re asking for a legal doc is a red flag. The adoption has gone through and is final. Now, no other person should have any legally binding document seeking control of your minor children.
And this important consideration – I would not do anything official personally, especially if drugs were involved. My 11 year old decided she no longer wants contact after mom no showed 20+ visits. It was just too hard on her to get excited for those visits and then, she began to resent her. My story is kind of similar, my dad was on drugs and while my adoptive mom didn’t force us to go, she would allow us to go anytime we wanted to (weeks for breaks, weekends, holidays, etc). I continued to go because he never made good choices due to drugs and I didn’t want my younger sister going alone when she wanted to go. I still have no contact with my father to this day. While I have a good relationship with my adoptive mother and do not resent her, I do wish she would’ve said no to him sometimes too. I know she was trying to allow us to maintain relationships with family but it was just a lot. Especially if drugs are involved, I wouldn’t do it. You never know if she will continue to be a healthy person for the kids. I’d allow a lot involvement as long as she’s showing up, healthy and they’re happy to see her, and leave it at that.