Are so–called “contact” agreements valid in New York?
Many adoptive parents and birth parents make arrangements by which contact will be maintained after the child’s placement. The most common type of plan is for the adoptive parents to provide photographs and written updates to the birth mother on a periodic basis. The photographs/letters are sent to the birth family through either the agency or the attorney’s office so that the birth mother remains unaware of the adoptive parents’ last name/address. Visits between the birth parents and the child may also be agreed to. Post–adoption contact agreements (PACAs) with respect to agency adoptions (whether through private adoption agencies or county social services agencies) are recognized in New York, and recent legislation has made these agreements enforceable if in the child’s best interests. However, the law recognizing PACAs is limited in one unusual respect: it applies to agency placements only. With private adoptions, there is no legislation recognizing post–adoption agreements. Several
