Post-Adoption Contact Agreements
New Jersey is considering new legislation that could bring meaningful changes to adoption by making Post-Adoption Contact Agreements (PACAs) legally enforceable. These agreements are made between adoptive parents and birth parents to outline what type of communication, if any, will continue after an adoption is finalized. While PACAs are already used in New Jersey, they currently cannot be enforced in court, which means either party can withdraw from the agreement at any time. The proposed bill would change that by allowing courts to approve and uphold contact agreements when they are voluntary and in the best interests of the child.
PACAs vary widely depending on the needs of the child and the comfort level of the families involved. They may include occasional updates, letters, emails, phone calls, photo exchanges, or planned visits. Under the proposed legislation, families who choose to create a PACA could have it approved by a judge at the time of adoption, giving clarity and stability. New Jersey would not be alone in making this change. Twenty-five states already recognize and enforce PACAs, reflecting a growing understanding of the role that openness can play in adoptions. Research shows that when it is safe and appropriate, maintaining connection with birth family can help children better understand their personal history and identity.
For adoptive parents, enforceable agreements can bring peace of mind. Rather than creating uncertainty, clearly defined expectations around contact can prevent misunderstandings and set healthy boundaries. These agreements do not give birth parents any parental rights or decision-making authority after the adoption. Instead, they create a mutually agreed-upon plan for communication that supports the child’s emotional well-being.
For children, having a safe and predictable way to connect to their biological roots can help answer important questions. It can also provide access to important medical information or family history.
For birth parents, knowing that they will receive updates or maintain some form of contact can ease their grief and help them feel respected in the adoption process. PACAs provide reassurance that promises made at the time of adoption will be honored.
This legislation does not require families to enter into a PACA. Families who prefer a closed adoption would not be affected. The bill simply gives families who choose openness a way to ensure their agreement is respected over time with legal protections. It ensures that any contact arrangement can be adjusted if needed to protect the child’s best interests. If passed, this law would align New Jersey with best practices already in place across much of the country. It offers a balanced approach that supports openness and cooperation in adoption, while still preserving the full legal rights of adoptive parents. Ultimately, enforceable PACAs can help build stable, trusting relationships between adoptive and birth families that put the child first.
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