Most parties are identified very early in the adoption process; Adopted child, adoptive parents and biological parents. The identification of other biological members of the adoptive child`s family, such as biological siblings. B, can be more problematic. This is especially true when the adopted child has been taken into care. In these cases, it may be difficult to identify all parties with the right to participate in the PACA process. Voluntary post-adoption contracts were established to create a framework for enforceable contact after adoption between the biological family members of an adopted child, the child and the adoptive parents. In Pennsylvania, these agreements are created by law. As noted above, a ACAP must meet all the legal requirements of the legitimate parties, the notice and authorization of the court to be enforceable. All parties must sign the agreement and the court must find that the consents are conscious and voluntary. Above all, the court must find that the ACAP is in the best interests of the adoptive child. 1. A petition on contempt – it would be filed by one part of the ACAP claiming that another party has not complied with the terms of the agreement;2. A petition for an amendment – it would be an invitation to change the terms of the ACAP.
In many jurisdictions, only adoptive parents or children can petition Modify.3 A petition to end – it would be a request to abolish the PACA altogether. Similarly, in many legal systems, only adoptive parents or children can file this petition. In an open adoption agreement, there are fewer unknowns. This is because the birth parents and adoptive parents came together to make a plan. They discussed, directly or through an agency, the amount of communication they have with each other after the placement. They share a mutual and unconditional love for their child and understand that it is above all the open adoption agreement that has been concluded in the best interests of their baby. A more important question for those involved in adoption is what type of contact is covered by a PACA. The short answer is what type of contact the parties are suitable for; exchanges of letters and photographs at an annual visit between the child and members of his or her biological family. Like any adoption plan, each open adoption agreement is unique. They are based on the needs and wishes of each family concerned.
For example, in some open adoption contracts, letters and images must be sent to the birthing parent once a year or more frequently. Other open adoption agreements include more intimate interactions, whether through phone calls, emails, text messages, video conversations or personal conversations. Whether you`re pregnant, just born or an adoptive family considering open adoption, loving adoptions can help you create an open adoption agreement that works for all parties involved. Call us at 800-722-7731 or visit adoptionswithlove.org/contact-us for more information. If you are a nascent mother considering an open adoption, you know that this level of contact (and its frequency) are decisions you can make. Your open adoption plan and post-adoption contract are entirely based on your needs and comfort level.