The journey towards adoption, as either a biological parent or an adoptive parent, is an experience unique to each person. Often the biological parent and the adoptive parent have forged a relationship over several months and have had the opportunity to experience pregnancy milestones together. Sometimes, the adoptive parents are selected by a biological parent with little time to prepare. In other situations, the biological and adoptive parents may have a long-standing relationship that began even before the child’s birth. Whatever the relationship, the parties will frequently desire to establish guidelines for themselves related to the continued relationship after the baby is born. A Post-Adoption Contact Agreement, or PACA, is a contract between biological parents and adoptive parents that provides guidelines for the relationship and ongoing contact with the child. PACAs will often include the frequency with which the parties will communicate with each other, how often photographs will be shared, and whether there will be visits between the child and the biological parent. PACAs are unique to each situation and therefore customizable to what the adoptive and biological parents wish to include.
While not all states formally recognize PACAs in their laws, Missouri’s laws explicitly allow for PACAs and their enforceability. The PACA will be filed in court and are treated as enforceable contracts. The court places a strong emphasis on ensuring that the PACA is in the best interest of the child, meaning that their continued well-being is considered. While Illinois does not formally recognize PACAs in their laws, it remains customary for parties to utilize them to formalize a written agreement for continued trust and boundaries between the parties.
Overall, PACAs can facilitate greater trust between the biological and the adoptive parents, they set healthy boundaries and clear expectations that allow the adoption process to run smoothly, and they can assist adoptive children by allowing them to feel connected to their history and heritage, which will likely provide them with a strong sense of identity.
Whether you are in Missouri or Illinois, an adoption attorney at Paule, Camazine & Blumenthal, P.C. is happy to speak with you about creating a Post-Adoption Contact Agreement for your unique situation.
With assistance from Caroline Vaaler, Saint Louis University law student, anticipated graduation May 2026.
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