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The Legal Issues to Think About Concerning Post-Adoption Contact

The Legal Issues to Think About Concerning Post-Adoption Contact
December 9, 2022 LS_admin
Wichita adoption lawyer

One of the most significant shifts our firm has seen over the past several decades of practicing adoption law is the change in attitude towards post-adoption contact. “Post-adoption contact” means that an adopted child’s biological parents have continuous contact with the adoptive child when the adoption has been finalized. This is also called an “Open Adoption.” In the past, once a child has been adopted, the biological parent(s) no longer have contact with their biological child post-adoption. However, open adoptions have been very common, if not standard.

If you are considering adopting a child in Kansas, post-adoption contact is just one of several legal issues to consider beforehand. Call McDowell Chartered at (316)-269-0746 to begin the adoption process.  

The Pros and Cons of Post-Adoption Contact

Here in the United States, the adoption process is no longer kept a secret from adopted children. Post-adoption contact is considered to be more healthy for the children because they are no longer left insecure and curious about their biological family. Studies have shown that open adoptions actually help adopted kids deal with the attachment issues adopted children struggle with. This is especially true when a family adopts a child from a different country or race. It is particularly healthy for the adopted child to continue contact with their biological family in order to understand culture and traditions.

It is common for biological parents to place their children up for adoption due to alcohol or drug dependence, instability, criminal behavior, or mental illness. Adoptive parents then have to weigh these issues with potential post-adoption contact to protect the child from disappointment, bad influence, or dangerous situations. Adoptive parents want a peaceful life, and they don’t want surprise visits, requests for money, or the biological parents breaking promises to the child. Inappropriate situations can have a traumatic effect on an adopted child.

Ordinarily, the type and amount of post-adoption contact will depend on the biological parents’ capacity to behave responsibly. If a biological parent cannot unfailingly meet expectations, communication with their biological child could be limited. However, if a biological parent or parents show a pattern of responsible contact, the biological parent(s) may be granted unsupervised visitation or be invited to the child’s birthday and other celebrations.

It is possible that biological grandparents, uncles, aunts, and other family members can be part of the post-adoption contact agreement. This is common when the biological parents are not participating in the child’s life. We often see this as a good compromise when the biological parents are not stable enough to engage in regular visitation. There is no downside to the child receiving ongoing contact from family members who adore them.

What To Do When Considering Adoption in Kansas

Contact the experienced Kansas adoption attorney here at McDowell Chartered for help with the adoption process, including post-adoption agreements. Call Tom McDowell at (316)-269-0746 to discuss any one of many types of adoption with a full-service adoption firm.