• Skip to primary navigation
  • Skip to main content
  • Skip to footer

Academy of Adoption & Assisted Reproduction Attorneys

Guide Advocate Protect

  • Español
  • Français
  • Facebook
  • Twitter
  • Instagram
  • LinkedIn
  • About AAAA
    • News
    • Events
    • Join
    • Sponsors
    • Publications
    • History
    • Leadership
    • Awards
    • Governing Documents
    • Contact
  • Find An Attorney
    • Attorney Directory
    • Attorney Listings by State
    • Why You Need an Attorney
    • Selecting an Attorney in Adoption Matters
    • Selecting an Attorney in ART Matters
  • For Birth Parents
  • Adoption
    • Adoptive Parents
    • Adoption Professionals
  • Assisted Reproduction (ART)
    • Intended Parents
    • Surrogates
    • Donors
    • ART Professionals
    • Medical Professionals
    • ART Laws by State
  • Fellows Only

Tag: Open Adoption

Open Adoption

Let it Go: How one adoptive couple accepted open adoption

“The trees are about to show us how beautiful it can be to let things go.” – Unknown.

This summer I began representation of a young potential adoptive couple.  They live across the country, so when the expectant mother went into labor this fall the baby was born by the time they reached the small town Kansas hospital. The agency worker described to me the adoptive father’s tears as the biological father gently laid the newborn in his arms.  Shedding some fear, their dreams were finally coming true.

The couple had not been in direct contact with the biological mother. However, by all accounts their relationship was blooming as they spent time with her, so I was surprised when they voiced concerns regarding a meeting with the biological mother after discharge from the hospital. “What if she changes her mind?”  “What if she tried to leave with the baby?”  “What if the biological father comes?”  “What if she asks questions we don’t want to answer?”

We discussed their questions and concerns. We talked through their fears and the fears that the biological mother might be feeling. I asked them to focus on what good the meeting could do. With some hesitation, they agreed to the visitation.  They set aside their fear of the unknown and took a chance on what was possible.

The next day I was so happy to hear how the visit went. To their surprise, the biological father also came.  They said it had been difficult, but beautiful. They said they really couldn’t imagine it going any better. They left in awe of their child’s biological parents, so happy they had that time together.

Later, we worked out an open adoption agreement that included future visits between the biological mother and the adoptive parents. When I first spoke to the adoptive parents, they had not viewed visits positively.

The adoptive parents had expected to maintain an arm’s length relationship with the biological parents. They thought that they were protecting their adoption by not letting the biological family get too close.  But when they let go of some of their fears and insecurities, their capacity for love expanded. By releasing prior expectations of control, they prioritized their future relationship with their adoptive child by honoring the biological parents.

Adult adoptees have taught us that while the importance an adoptee feels towards their biological family varies, a child’s biological parent is always and will always be significant.  That biological connection will always be a huge part of a child’s story, and whether that part of their story is a positive or negative for them can be largely influenced by the child’s adoptive parents.

Many adoptive parents have to let go of countless expectations and anxieties when they adopt. It is not an easy task and it doesn’t end with the Decree of Adoption. This adoptive couple was able to start that journey, and were happier for it. They stopped seeking control and chose to start building a future they hadn’t planned.

Adoption isn’t perfect. Adoption certainly isn’t easy.  But sometimes, setting expectations aside, can make it beautiful.

As I listened to my clients tell me how in love with their son they were, I looked out across the November Kansas foliage and smiled.

— Megan Monsour is a AAAA Fellow practicing adoption law in Kansas. You can contact her through her law firm’s website, www.hinklaw.com.

Learn more about open vs. closed adoption

Filed Under: Adoptive Parents, Birth/Expectant Parents, Featured, Fellows Public Tagged With: Open Adoption

From Empty Nester to New Parent

J and P were long time foster parents. They were about to be empty nesters as their youngest child had just gone to college when they agreed to be a respite short term foster placement for a child who needed temporary care. Little did they know that this decision would change their lives forever.

I had the honor of helping J and P complete their adoption journey with this lovely child. What began as a temporary need turned into something much bigger when J and P realized that this child desperately needed a forever home. As with many adoptions, the journey was not always easy. What began as a simple yes, we will help turned into four years of litigation expense and stress.

Navigating the adoption journey was stressful but I was able to guide them and advocate for them.  Ultimately, they entered into an open adoption with the Birthmother.  The beauty of open adoption is that when a birth parent knows in their heart that they cannot take care of a child it gives them a way to stay connected to the child.  

Adoption laws are complicated especially when you have a situation where there is interplay between fostering and adopting. My job was to guide advocate and protect J and P interests. They trusted me even when it was hard and never wavered in their desire to give this child permanency. J and P sacrificed tremendously both financially and emotionally but ultimately in the end they finalized their adoption and, in navigating an open adoption with their birthmother, enabled their child to always know his culture and his background and never feel abandoned.

Their case is like many cases that I see in my practice. People with a desire to help children who make sacrifices and put their own needs aside so that they can provide stability and permanency one child at a time. For those who are struggling in the adoption process,  have faith because just when you think you are at the end often a door will open and he will go down a path that you never expected and end up in a really good place and have the family you always dreamed of having.

— Sherriann Hicks is a Trustee and Fellow of AAAA. Her adoption practice is in Georgia. Learn about her practice, www.sherriannhicks.com.

Filed Under: AAAA News, Adoptive Parents, Featured, Fellows Public Tagged With: Foster Parents, Open Adoption

Adoption Reunions – Thoughts from an Adoption Attorney

At the office one morning after just completing an adoption final hearing I received a call from an unexpected voice. It was from an adoptee whose adoption we handled more than 23 years ago. That “child” was now a hopeful adult, looking to connect with his birth mother. I recalled (to myself) meeting his birth parents at their apartment in Tampa. They were a sweet couple, looking to give their baby a wonderful home. I remembered this placement well.

Nearing 25 years since our first private adoption placement, we are hearing from an increased number of adoptees reaching out to find their birth parents. Whether this increase is due to a growing interest in ancestry and personal history, open adoptions and adoption reunions filling our social media feeds, or a desire to build more family connections, many adoptees are reaching out to establish a more open relationship with their birth parents.

When I received that call from the adoptee, I initially felt excited and hopeful for him and for his birth mother, and for the opportunity they may have to connect with each other after all these years. But that initial excitement was followed by a wave of internal questions. Did the birth mother sign a consent to release her information to her child, should he be interested in finding her in adulthood? If the birth mother did not sign a consent to release information, would it be right to contact her after all these years if she did not initially express a wish to have an open or semi-open adoption? What if she had signed a release but her feelings had since changed?

I also thought of protecting her confidentiality and the life she was currently living. How would my letter impact her present life? Perhaps she created her own family after placement and did not wish to share the adoption with her partner or children. By sending her a letter, would there be a risk of someone in her family picking up the mail and asking her about why she received a letter from a law firm, causing her to have to explain the situation to them?

If she had signed a release of information, I considered whether she may be in a different frame of mind from how she felt at the time of placement. Would she be prepared emotionally to begin direct communication with her adopted child? Could I be reopening old wounds by reaching out to her? On the other hand, with her child reaching adulthood, maybe she had been holding out hope that she would hear from him and contacting her may lead to a long-awaited reunion.

From the time we established our practice we have known that these reunions would be a possibility, but the reality is much more complicated than we could have anticipated. And the questions that come along with adoption reunions can create emotional and ethical challenges that all parties to the adoption must learn how to navigate.

Adoptions today are much more open than 20 years ago. Thankfully, most current placements include direct sharing of contact information which allows birth and adoptive families to continue communication and sometimes visitation with each other over the years. This evolution toward continued contact may lead to reunions no longer being necessary in the future – a possibility that raises its own questions about how adoptions may change the picture of a “family” going forward.

And in the event you are wondering, how did my case turn out? I was able to send a private message to the birth mother (thank you Facebook). After several months she responded expressing her joy and excitement that her son wanted to find her and apologizing about the delay. She took that time to talk with all of her children and obtain their thoughts about a reunion. Her whole family was on board and wanted to take the next step. These two families have reconnected in a journey to provide the best for their child. I am not sure where things currently stand but am rooting for all of the laughs, tears, hugs, and love that we wish for in adoption reunions.

— Michelle M. Hausmann, Esq., is an attorney with Hausmann & Hickman, P.A. (www.AdoptionandSurrogacy.com) and a Fellow of AAAA practicing both adoption and ART law in Florida.

Filed Under: AAAA News, Adoptive Parents, Birth/Expectant Parents, Featured, Fellows Public Tagged With: Family, Open Adoption, Post Adoption

A Month-long Celebration of Adoption

Continuing our month-long celebration of National Adoption Month, here is our second inspiring story.

Four years ago my husband and I decided that we wanted to adopt. When we were researching adoption, we came across an adoption agency that specializes in special needs adoptions. We both have had quite a bit of experience with people who have disabilities and decided we felt comfortable going this route. After two years of hoping and praying, we connected with an incredible set of birth parents who were working with an amazing agency in Florida. Their baby had a muscular disease that was very debilitating. A few months later, we jumped on a plane and flew to Florida. Meeting our sweet little girl for the first time was so special. Meeting her birth parents was equally special. They weren’t quite sure what level of openness they were ready for. We talked through things together and decided on what would work best for them and our little girl.

Over the past two years, we have grown very close to these birth parents. We decided to talk to our daughter about her adoption and her birth parents since day one. She will never remember us telling her she was adopted. It will be something she grew up knowing. We have their pictures on her dresser. We are able to fly out to meet them once a year. We do video calls at least once a month. Open adoption has been such a blessing, especially for our sweet two year old.

Adopting a child with special needs has been a beautiful, hard, and rewarding experience. It is heart wrenching to see her struggle with basic things like running and jumping. But it is so exciting to see her hit milestones and we all cheer as she conquers hard things. Adoption has changed our life for the better. We are huge advocates for special needs adoption.

— Submitted on behalf of adoptive parents by Robert C. Lamarche, a Fellow of AAAA practicing in the area of adoption law in Florida

Filed Under: AAAA News, Adoptive Parents, Birth/Expectant Parents, Featured, Fellows Public Tagged With: National Adoption Month, Open Adoption, Special needs adoption

Post Adoption Contact Agreements Explained

A Post Adoption Contact Agreement (PACA) is an agreement the birth parents sign along with the adoption relinquishment.  It is also signed by the adoptive parents.  It allows for certain, specified contacts between the birth parent(s) and the adoptive family. Some states allow for these agreements and will enforce them, other states do not.  Fellows of the Academy of Adoption and Assisted Reproduction Attorneys can explain and draft an agreement that works for your particular adoption situation.

What is the Purpose of a Post Adoption Contact Agreement?

Sometimes birth parents will only allow an adoption to go forward if a PACA is included in the adoption plan. Adoptive parents should not view this as a sign of reluctance by the birth parents or an indication that they may change their minds later about the adoption. Rather, birth parents’ requests for a PACA usually means they want to make sure they are making the right decision by placing their child in a loving home.

While laws regarding PACAs vary from state to state, the breach of a PACA will not usually be grounds to revoke consent for the adoption or the adoption decree. However, if the adoptive family fails to comply with the PACA’s terms, adoption courts can fashion other forms of relief to correct these failures. The terms of the PACA are usually not permitted by law to expand or increase the amount of contacts. However, most states that allow PACAs will permit a court to reduce or eliminate specified contacts upon a finding of the best interests of the child.

What Does a Post Adoption Contact Agreement Look Like?

There is no single format for a PACA and there are no set contacts that you need to include. Some PACAs require adoptive parents to provide a birth parent with pictures and written updates about the child’s developments. Other PACAs may allow the birth parents to visit their biological children. PACAs often provide for pictures and written updates on a monthly basis for the first year. Then, this may decrease over time. PACAs more often include visitation requests in cases involving adopting older children compared to newborns.

No matter what the PACA includes, it must be in writing and signed by the birth parent(s) or legal guardian, as well as the adoptive parents. It then often becomes part of the decree of adoption. The PACA typically stays in place until the child is 18 years old unless the Court terminates it before that time or, by its terms, it ends sooner. However, termination would only be at the request of the adoptive family and the family would need to show that the PACA is not in the child’s best interest.

Do I Need a Lawyer to Draft a Post Adoption Contact Agreement?

To find out if a PACA is necessary and/or permitted for your adoption plan, schedule a consultation with a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys today. There are probably things that are very important to you that you want to include, but we will also help you address important provisions you may not have considered.  An Academy attorney can help you draft a document that addresses your most pressing concerns about adoption. Additionally, we can discuss how to enforce the document moving forward.

— Eric Stovall is a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys and Immediate Past President

Filed Under: AAAA News, Adoption Professionals, Adoptive Parents, Featured, Fellows Public Tagged With: Open Adoption, Post Adoption

Footer

AAAA Mission

The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.

Contact Info

Academy of Adoption and Assisted Reproduction Attorneys (AAAA)
859 Riverside Drive, #9
Greenwood, IN 46142

T (317) 407-8422
Info@adoptionART.org

Quick Links

  • AAAA Directory
  • Why You Need an Attorney
  • Adoption
  • Assisted Reproduction (ART)
  • Join AAAA
  • Governing Documents

DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys.  AAAA website content does not constitute legal advice from AAAA or its member-attorneys to any reader or to the general public.  The law constantly changes and varies across state and international borders.  Consult qualified legal counsel in your jurisdiction regarding your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.

© 2018 Academy of Adoption and Assisted Reproduction Attorneys. All Rights Reserved.  Site Map | Privacy Policy

This site uses cookies to personalize content and to analyze our traffic. By continuing to the AAAA website, you consent to our data practices as set out in our Privacy Policy.