AdoptMatch | Contact Agreement Laws by State

Contact Agreement Laws by State

 

Here at AdoptMatch, we believe that honest and thorough communication about post-adoption contact is crucial to a successful adoption plan and should ideally happen well before baby arrives. In order to protect the relationship between the birth parents and adoptive parents, whatever is agreed upon should be written down within a Post-Adoption Contact Agreement and filed with the court, whenever possible. Doing so gives everyone the chance to reference promises that were made for years to come and to avoid unnecessary misunderstandings.

Depending on your state these agreements are either enforceable or not enforceable. There are also a handful of states that remain silent on this topic. Here is the breakdown:

States where Post-Adoption Contact Agreements are enforceable: 

Alaska

Arizona

California

Connecticut

District of Columbia

Florida

Georgia

Indiana

Louisiana

Maryland

Massachusetts

Minnesota

Missouri

Montana

Nebraska

Nevada

New Mexico

New York

Oklahoma

Oregon

Pennsylvania

Rhode Island

Tennessee

Texas

Virginia

Washington

West Virginia

Wisconsin

States where Post-Adoption Contact Agreements are NOT enforceable: 

Delaware

North Carolina

South Carolina

South Dakota

Ohio

 

The below state’s statutes are silent on the issue of whether Post-Adoption Contact Agreements are enforceable or not: 

Alabama

Arkansas

Delaware

Hawaii

Idaho

Illinois

Iowa

Kansas

Kentucky

Maine

Michigan

Mississippi

New Hampshire

New Jersey

North Dakota

Utah

Vermont

Wyoming

 

Remember, state laws change frequently so be sure to consult with an adoption professional, preferably your own lawyer, about your state’s current law on Post-Adoption Contact Agreements. If you have questions regarding your state of residence’s stance on this topic, follow this link to find out where to contact your state representatives https://ziplook.house.gov/htbin/findrep_house

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