Early on in my own trying to understand adoption journey (both parents were adoptees), I read a book recommended in my all things adoption group titled The Primal Wound by Nancy Verrier. I continue to learn almost every day and in this blog, I continue to try and share what I learn along the way. Today’s new concept was Post Adoption Contact Agreements. I already knew that open adoptions have been the more common approach over the previously totally closed adoption where often the child is lied to about their own origins and that lie is protected by closing and sealing the adoption records and changing the child’s birth certificate to make it look like the child was actually born to the adoptive parents. That was the way my parents’ adoptions were concluded, though thankfully, neither of my parents were lied to about having been adopted – at least that.
I have come across complaints that adoptive parents often renege on open adoption agreements. This is a reality, even today, even when promises are made to the expectant mother that she will be given updates, photos and even contact with her child post adoption. This is why my heart is more inclined towards doing what we can as a society to preserve children within the family they were born into. But it isn’t always possible and like war, adoption remains a reality that won’t end in my lifetime – if ever.
In trying to learn a bit more about post adoption contact agreements I did read In some states, when adoptive parents and birth parents sign an agreement called a “Post Adoption Contact Agreement,” it is filed with along with the adoption papers and becomes a legal, enforceable part of the adoption. However, in other states, it isn’t recognized as a legally binding contract. Therefore, the first thing to learn about is whether it will be enforceable in the state where the proposed adoption will take place.
According to one adoption attorney, Michael Belfonte, Missouri currently does not allow for enforceable post-adoption contact agreements. If either a birth parent or an adoptive parent breaks their post-adoption contact promise, there are no legal consequences that could be addressed in court. This is what he has to say about open adoptions –
You should not let this deter you from choosing an open adoption. In the majority of cases, both birth mothers and adoptive parents will keep the contact promise they made — as it’s just as important to them as it is to the other party. In fact, for many birth mothers, the possibility of an open adoption is why they made their adoption choice in the first place. They will want to see their child grow up and, more likely than not, will do everything they can to continue their contact.
Likewise, once they are fully educated about open adoption, adoptive parents will understand the importance of open communication for their adopted child throughout the years — and will do all they can to honor the choice the birth mother made and support her through her healing process. If you’re worried about a birth or adoptive parent continuing to stay in contact with you, there are some things you can do:
Choose a professional who will mediate post-adoption contact. When a parent begins to decrease the frequency of their contact, you may feel frustrated. Things can get complicated if you try to fix it by yourself, and you may end up doing more harm than good. If your contact is mediated by a professional, they will know the best way to speak to the other party about their lapse in communication and handle the situation going forward — without harming the relationship you already have.
Establish a solid relationship with the birth or adoptive parents. Open adoption can be more than just an agreement to send and receive pictures and letters every couple of months; before placement, it gives you the chance to get to know your adopted child’s birth parents or adoptive parents in a way that will be highly beneficial for the future. If you have the chance to build a strong friendship with the birth or adoptive parents before placement, it’s highly recommended. The more you understand, respect and trust each other, the less likely it will be that the other parents will break their agreement to keep in touch as the years go by.
Make your expectations known. While you cannot create a legally binding post-adoption contact agreement in Missouri, you can certainly create a written agreement that outlines contact expectations throughout your adoption process. In fact, this kind of written document is encouraged in any open adoption.
Remember, just because an open adoption contact agreement is not legally binding in Missouri doesn’t mean that you can’t have a successful open adoption relationship with your child’s birth or adoptive parents. More often than not, a prospective birth mother chooses adoption because she can watch her child grow up through open adoption — and has no intention of ever going back on her open adoption agreement. Similarly, adoptive parents understand how important open adoption communication can be and will likely do all they can to honor your contact agreement.
However, if a birth parent does break their post-adoption contact agreement, it’s important that adoptive parents continue to send the pictures, letters, emails, etc. that you agreed to. In many cases, if a birth parent decreases their contact frequency, it may be because they’re at a difficult point in their life — and fully intend to return to their previous contact frequency as soon as they can. It will mean a great deal to them that you continue to honor your agreement and give them updates on their adopted child during this time.
On the other hand, if adoptive parents miss a scheduled contact with you as a birth parent, it’s important that you do not jump to conclusions about their intentions. Like anyone else, unforeseen situations can come up that may delay their contact with you. If you’re concerned about them holding up their end of the agreement, we recommend you reach out to your adoption professional, who can approach them professionally and non-confrontationally about honoring their contact agreement.
I find this law on the books in the state of Missouri dated August 28 2018 – it is vague however about enforcement in my opinion. Still this is an example of one state in which I happen to be living. You should look into the legal decisions in your own state before agreeing to an adoption based upon promises that it will be open and you will be allowed ongoing contact.