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