By the adoption team at Prescott’s Family Law · · 2 min read
Open adoption, and what the law adds
Many adoptions today include some ongoing connection with the birth family: letters, photographs, video calls or visits. Much of that contact happens informally, on trust, and it can work well. But informal promises cannot be enforced. California offers a way to make contact arrangements binding, within limits.
What the law allows
Adoptive parents and birth relatives can enter a written agreement about contact or the sharing of information after the adoption. It can include birth parents, other relatives such as siblings, and, for a Native American child, the child’s tribe (Cal. Fam. Code § 8616.5).
- The agreement must be in writing, usually on the Contact After Adoption Agreement form (ADOPT-310).
- The court must approve it as part of the adoption, and will only do so if it is in the child’s best interest.
- An older child’s views count, and a child aged 12 or over must agree to its terms.
What an agreement cannot do
- It cannot undo the adoption. A failure to follow the agreement is never a reason to set aside the adoption or to withdraw a consent.
- It is not about money. The court enforces the agreement by ordering compliance, not by awarding damages.
- It does not change who the parents are. The adoptive parents keep full parental authority. The agreement sets expectations; it does not share custody.
When things go wrong
Before anyone can ask the court to enforce, change or end an agreement, they must first make a good-faith attempt to resolve the disagreement through mediation. If that fails, a request can be filed with the court, which decides based on the child’s best interest (Cal. Fam. Code § 8616.5).
In our experience, most problems start with vague terms or life changes nobody planned for: a move across the country, a new baby, a teenager with opinions of their own. Good drafting anticipates them.
Writing an agreement that lasts
- Be specific about the minimum, flexible about the rest. “At least two visits a year” works better than “regular visits”.
- Say how contact happens: letters, photographs, calls or visits, and who arranges them.
- Plan for moves and for changes of phone number or address.
- Leave room for the child to grow. Build in a way to revisit the arrangement as the child’s own wishes develop.
- Promise only what you can keep. A modest agreement kept faithfully does more for a child than an ambitious one broken.
Get advice on both sides
An agreement affects everyone for years, so each side should understand it before signing. We act for one side only. If you are considering an agreement, talk to us before the adoption hearing, because the agreement is approved as part of the adoption.