What is a Post Adoption Contact Agreement?
The adoptive parents (and sometimes the child as well) will voluntarily enter into a postadoption contact agreement, referred to as PACA, with the child’s birth relatives. A PACA is arrangements that allow contact or communication between a child, his or her adoptive family, and members of the child’s birth family or other persons with whom the child has an established relationship after the adoption is finalized. When drafting the agreement, the parties will discuss what the communication will look like, specifying the type, such as calls, letters, emails, or in-person contact, and the frequency of contact plus the number of years the contact will continue. Communication can include things such as the birth mother visiting on Christmas, the child retaining his or her birth siblings’ phone numbers, sharing information about the child with birth relatives, or the adoptive parents sharing photos of the child. The agreement may be structured as broadly or as strictly as the parties desire, and should definitely be drafted with the child’s best interest in mind.
What You Need to Know About a Post Adoption Contact Agreement in Georgia
In order to be enforceable by the court, the post-adoption contact agreement must be in writing and all parties must sign their consent to its terms. If the child is 14 years old or older, the child must be a party to the agreement and sign his or her consent. Parties to the agreement may seek to enforce, modify, or terminate the agreement at any time through the court that granted the petition for adoption. Any party to the PACA may, at any time, file the original agreement with the court that has or had jurisdiction over the adoption if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement. Notably, once the adoption has been finalized, any party’s failure to adhere to the postadoption contact agreement will not affect the validity of the adoption. In other words, the adoption cannot be set aside, surrender of rights cannot be rescinded or order terminating the parental rights cannot be modified due to the failure of any party not complying with the terms of the PACA.
Why You Might Consider a Post Adoption Contact Agreement
Families may draft and consent to a post-adoption contact agreement for various reasons. One reason may be to maintain an older child’s attachment to certain birth relatives. Another reason may be to help siblings who did not remain in the same home to stay in contact with each other. Continuing the communication may be beneficial for the child. Additionally, some birth parents may be more open to placing a child for adoption if some contact is permitted postadoption. Experience has shown that a PACA often will provide reassurance to the birth parent they have selected the right family for their child, as well as comfort that they will have the right to obtain information about the child in the future. Another reason to consider the PACA is that ongoing communication with the birth relatives may assist with future medical care for the child when questions arise about physical and mental health histories. Georgia is a state that has laws governing a PACA. It is important to speak with an experienced adoption attorney to learn more about a PACA and how it may be beneficial to your family during an adoption.
If you have questions about a PACA or adoption, please contact Christina E. Campbell of The Campbell Law Practice, LLC at (404) 981-5257 and schedule a time to speak with her to discuss your adoption needs.