THE ROLE OF THE POST ADOPTION CONTACT AGREEMENT IN OPEN ADOPTIONS Dawn Smith-Pliner, Founding Director Friends In Adoption Nina Rumbold, Esq. Rumbold & Seidelman, L.L.P. Nan Pasquarello, Friends In Adoption Senior Case Manager THE GOALS OF OPEN ADOPTION To minimize the child’s loss of relationships To maintain and celebrate the adopted child’s connections/relationships with all the important people in his or her life To allow the child to resolve losses with truth, rather than the fantasy adopted children often create when no information or contact with their birth family is available PACAS AND OPEN ADOPTION Set clear boundaries Remove uncertainties about timing of contact Create positive relationships and strengthen the underlying TRUST inherent in every adoption PACAs are enforceable in some states and not in others THE OTHERWISE ACCIDENTAL RELATIONSHIP Were it not for an adoption plan birth and adoptive families would not be connected The relationship is often established during crisis and emotional vulnerability The voice of the infant cannot be heard, which puts the responsibility on all the adults to think about long term benefits for the child The voice of the child needs to be written into the PACA with flexibility A PACA is not a checklist, not win-lose, but rather a template for a lifelong relationship RESPECT, CARE, FLEXIBILITY . . . WRITE THE PACA WITH CHILD’S INTERESTS AT HEART The needs of a child at age 2 will differ drastically from the needs of a child at ages 10, 15 and 18. Think about who in the biological family is apt to be the “emotional holder” of the adoption in the event that the birthmother or birthfather are non-participatory. Birth grandparents often fill this void (*only signatories can enforce agreements). PACA – STATIC AND DYNAMIC View the PACA as baseline template recognizing that if all parties agree, it may be expanded or extended, but not retracted. As you create the PACA terms, remember that the baby will be a teenager in a few short years – and design it with flexibility so that the growing child can participate at different stages. Trust will keep the PACA relationship healthy. Know when you need help in navigating the PACA and reach out to trusted professionals. Once approved by the court, a PACA may not be amended without court approval. SET A LOVING TONE FROM THE START A CHILD’S VIEW IS SHAPED BY AP-BP INTEGRATION How the adoptive family integrates the birth family into lives will have a direct impact on how the child views her/his biological family. And, how the biological family integrates the adoptive family into their lives will have a direct impact on the adoptive family. This includes siblings - both biological and adoptive. The “hard” stories are equally important as the less challenging ones to tell at the appropriate age and often with professional support. Build a safety net around your family. Child as an adult will choose who s/he considers family. PACA LANGUAGE IS IMPORTANT Not understanding language can create chaos Open adoption means? Come to agreement on language for consistency at visits (i.e.. siblings/ birth siblings, grandparents/ birth grandparents, first names/ nicknames) The more defined and understood the language is the more likely it is for the child to benefit from healthy relationships A PACA is not a checklist; it is a relationship to embrace – a complementary part of a child’s life CONNECTIONS EVOLVE POTENTIAL CHALLENGES Significant socio-economic spread between birth and adoptive families Substance use/abuse Mental health issues / serious health issues Significant differences in educational backgrounds Safety concerns in cases of violent birth parent Contentious relationship between birthmother and birthfather Divorce/separation within adoptive or birth family POTENTIAL CHALLENGES (CONT.) Prison record Geographic distance between birth and adoptive families Differences in lifestyle choices Significant age differences in birth and adoptive families Sibling relationships if both BF and AF are parenting Inappropriate use of social media (be mindful of posts… the child inherits the digital map or history before they have a voice) TRUTH AND PEACE OF MIND CONCLUSION A trained team of professionals assists adoptive and birth families navigate a PACA that will best serve the interests of the child until his/her age of majority. If all of the adults are committed to always serving the child’s best interests, the child will have the greatest opportunity to grow up to be an adult who appreciates all his/her connections to family. Q&A We are all connected . . . RESOURCES Hospitious Adoption – Jim Gritter Listening Poem: http://www.health.qld.gov.au/mhcarer/docs/articlelisten.pdf Continuing the Evolution: Why California Should Amend Family Code Section 8616.5 to Allow Visitation in All Postadoption Contact Agreements (PDF) – Kirsten Widner The Family of Adoption – Joyce Pavao The Open Hearted Way to Open Adoption – Lori Holden Child Welfare Information Gateway - PACA Policies: https://www.childwelfare.gov/systemwide/laws_policies/statutes/c ooperative.cfm RESOURCES (CONTINUED) Nina article Gentle Transitions: A Newborn Baby’s Point of View About Adoption (also available on DVD): http://www.pactadopt.org/app/servlet/documenta pp.DisplayDocument?DocID=68 In On It: What Adoptive Parents Would Like You To Know About Adoption – Elisabeth O’Toole Twenty Things Adopted Kids Wish Their Adoptive Parents Knew – Sherrie Eldridge COMPASSIONATE ADOPTION For more information, visit www.friendsinadoption.org or contact FIA at 800-982-3678 or www.adoptionlawny.com or contact Rumbold & Seidelman at 914-779-1050