Families involved in adoption often have important questions about whether a child may continue to have contact with birth parents or other birth relatives after an adoption is finalized. In Pennsylvania, this type of arrangement may be addressed through a Post-Adoption Contact Agreement, commonly called a PACA or an Act 101 agreement.
A PACA can provide structure, clarity, and enforceability for post-adoption communication or visitation, but only if it satisfies Pennsylvania's legal requirements and is approved by the court. The following frequently asked questions explain how Post-Adoption Contact Agreements work in Pennsylvania, including in Delaware County and the surrounding southeastern Pennsylvania region.
1. What is a Post-Adoption Contact Agreement in Pennsylvania?
A Post-Adoption Contact Agreement, or PACA, is a written agreement that allows for continuing contact or communication between an adopted child, the adoptive family, and certain birth relatives after the adoption is finalized.
In Pennsylvania, PACAs are authorized by Act 101, which is codified at 23 Pa.C.S. §§ 2731–2742. These agreements are commonly used in open adoption arrangements where the parties want to preserve some form of ongoing connection between the child and members of the child's birth family.
A PACA may provide for different types of contact, including:
- In-person visits;
- Letters;
- Emails;
- Telephone calls;
- Video calls;
- Exchange of photographs;
- Updates about the child's development; or
- Other agreed forms of communication.
The terms of the agreement depend on the child's circumstances, the relationship between the child and the birth relative, and whether the proposed contact serves the child's best interests.
2. Is an open adoption agreement automatically enforceable in Pennsylvania?
No. An informal open adoption agreement is not automatically enforceable in Pennsylvania.
Many adoptive parents and birth parents make informal promises to stay in contact after an adoption. These arrangements may be made in good faith, but they are generally not legally enforceable unless they are set out in a written PACA and approved by the court on or before the date of the adoption decree.
The most important distinction is:
- Informal open adoption arrangement: permitted, but generally not enforceable.
- Court-approved PACA: legally enforceable, subject to Pennsylvania law and the child's best interests.
3. Who can be included in a Pennsylvania PACA?
A PACA may involve adoptive parents and certain birth relatives. Under Pennsylvania law, the term birth relative includes:
- Birth parents;
- Grandparents;
- Stepparents;
- Siblings;
- Aunts; and
- Uncles.
The relationship may be by blood, marriage, or adoption. This means that a PACA is not limited to birth mothers or birth fathers. In appropriate cases, it may also include siblings, grandparents, or other relatives who have an important relationship with the child.
4. Can a birth parent have visitation after an adoption in Pennsylvania?
A birth parent does not have an automatic right to visitation after an adoption in Pennsylvania.
A birth parent may have post-adoption visitation or communication only if there is a valid Post-Adoption Contact Agreement that has been approved by the court. Without a court-approved PACA, a birth parent generally cannot force the adoptive parents to allow visits after the adoption is finalized.
If maintaining contact is important, the agreement must be properly documented and approved before or at the time the adoption decree is entered.
5. What makes a PACA legally enforceable in Pennsylvania?
For a PACA to be enforceable in Pennsylvania, several requirements must be satisfied:
-
The agreement must be in writing.
A verbal promise is not enough. -
The agreement must be signed voluntarily.
The parties must enter into the agreement knowingly and voluntarily, without coercion, fraud, or duress. -
The agreement must be approved by the court.
Court approval is essential. Without it, the agreement is not legally enforceable. -
The agreement must be approved on or before the adoption decree.
The court must approve the PACA before or at the same time the adoption is finalized. -
The agreement must serve the child's best interests.
The court will not approve a PACA unless it finds that the agreement is in the child's best interests. -
The child must consent if age 12 or older.
If the child is 12 years of age or older, the child's consent is required.
6. When must a PACA be approved by the court?
A Pennsylvania PACA must be approved on or before the date the adoption decree is entered.
This timing requirement is critical. If the adoption has already been finalized without court approval of the PACA, the parties generally cannot later create an enforceable Post-Adoption Contact Agreement under Act 101.
For this reason, adoptive parents and birth relatives should address post-adoption contact before the adoption is finalized.
7. What court handles approval of a PACA in Pennsylvania?
A PACA is presented to the Orphans' Court division of the Court of Common Pleas that is handling the adoption.
For families in Media, Delaware County, and nearby communities, this usually means the agreement will be addressed in the county court where the adoption petition is filed and finalized. The court reviews the proposed agreement to determine whether the legal requirements are satisfied and whether the agreement serves the child's best interests.
8. What does the court consider before approving a PACA?
The court's primary focus is the child's best interests. Factors may include:
- The child's existing relationship with the birth relative;
- The child's age and developmental needs;
- The child's adjustment to home, school, and community;
- The history of contact between the child and the birth relative;
- Whether the proposed contact is safe and appropriate;
- Whether the parties can cooperate respectfully;
- Any history of abuse, neglect, or family conflict;
- The child's wishes, especially if the child is older; and
- Whether the agreement is practical and sustainable.
The court will not approve a PACA merely because the adults want it. The agreement must benefit the child.
9. Does a child have to agree to a PACA?
If the child is 12 years of age or older, Pennsylvania law requires the child's consent to the PACA.
This reflects the importance of the child's voice in adoption proceedings and post-adoption contact decisions. A court will consider whether the child understands the nature of the agreement and whether the proposed contact is consistent with the child's needs and welfare.
10. What types of contact can be included in a PACA?
A PACA can be tailored to the circumstances of the child and the families involved. Common provisions may include:
- Scheduled in-person visits;
- Supervised visitation;
- Telephone or video calls;
- Letters or cards;
- Email communication;
- Text-based communication through the adoptive parents;
- Exchange of school photographs or holiday pictures;
- Annual updates;
- Birthday or holiday contact;
- Contact between siblings; or
- Contact with grandparents or other birth relatives.
The agreement should be specific. A well-drafted PACA should address when contact will occur, how it will occur, who may participate, how scheduling will be handled, and what happens if a visit must be rescheduled.
11. Can a PACA include contact with siblings?
Yes. A PACA may include contact with siblings when appropriate.
Sibling relationships can be significant in adoption cases, particularly where siblings have lived together or maintained a close bond before the adoption. Pennsylvania law allows certain birth relatives, including siblings, to be included in a PACA.
As with any other form of post-adoption contact, sibling contact must be in the child's best interests and approved by the court.
12. What happens if someone violates a court-approved PACA?
If a party fails to comply with a court-approved PACA, the agreement may be enforced through the court that finalized the adoption.
The court may order specific performance, meaning the court can require a party to comply with the terms of the agreement. For example, if a PACA requires scheduled visits or written updates, the court may order compliance with those obligations.
However, Pennsylvania law places limits on enforcement. The court does not award money damages for a PACA violation, and a violation does not undo the adoption.
13. Can a PACA violation overturn an adoption?
No. A violation of a Post-Adoption Contact Agreement does not set aside or invalidate the adoption.
Once the adoption decree is entered, the adoptive parents become the child's legal parents. A PACA may create enforceable contact obligations, but it does not undermine the finality of the adoption.
If a party violates the agreement, the remedy is enforcement of the PACA—not reversal of the adoption.
14. Can a birth parent ask the court to enforce a PACA?
Yes, if the birth parent is a party to a valid, court-approved PACA.
A birth parent who is included in a PACA may seek enforcement if the adoptive parents fail to comply with the agreement. The court will evaluate whether enforcement is appropriate and whether it serves the child's needs, welfare, and best interests.
The birth parent must show that the agreement exists, that it was approved by the court, and that enforcement is warranted under Pennsylvania law.
15. Can a PACA be changed after the adoption is finalized?
Yes, but modification is limited.
Under Pennsylvania law, only certain people may request modification of a PACA. Generally, the adoptive parent or a child who is 12 years of age or older may petition to modify the agreement.
The court will not modify a PACA lightly. The party requesting the change must show, by clear and convincing evidence, that the proposed modification serves the child's needs, welfare, and best interests.
16. Can a birth parent modify a PACA?
A birth parent generally does not have the right to seek modification of a PACA under Pennsylvania law.
This is an important limitation. A birth parent who wants more frequent contact, different contact, or additional terms may not be able to ask the court to modify the agreement after the adoption is finalized. This makes careful drafting before court approval especially important.
17. Can a PACA be ended?
Yes. A court-approved PACA may be discontinued in appropriate circumstances.
A party may ask the court to discontinue the agreement, but the court must find that ending the agreement is consistent with the child's needs, welfare, and best interests. The standard is demanding, and the court will consider the child's stability, safety, emotional well-being, and relationship with the birth relative.
18. What is the difference between a PACA and an informal open adoption?
A PACA is a formal legal agreement approved by the court. An informal open adoption arrangement is a private understanding between the parties.
The difference is enforceability:
- A PACA may be enforced by the court.
- An informal open adoption promise generally cannot be enforced if one side later stops contact.
For example, if adoptive parents informally promise to send yearly updates but later stop doing so, the birth parent may have no legal remedy unless the promise was part of a court-approved PACA.
19. Are PACAs common in Pennsylvania adoptions?
PACAs are used in many Pennsylvania adoptions, especially where birth relatives have had a meaningful and safe relationship with the child. They may be particularly useful in cases involving:
- Agency adoptions;
- Private adoptions;
- Foster care adoptions;
- Relative adoptions;
- Sibling contact arrangements; and
- Situations where birth parents and adoptive parents want a structured open adoption plan.
Whether a PACA is appropriate depends on the child's best interests and the facts of the case.
20. Why is careful drafting important in a PACA?
A PACA should be clear, realistic, and specific. Vague terms can create confusion and conflict after the adoption is finalized.
A properly drafted PACA should address:
- Who is entitled to contact;
- The type of contact permitted;
- The frequency of contact;
- The duration of visits or calls;
- Where visits will occur;
- Whether visits will be supervised;
- Who may attend visits;
- How transportation will be handled;
- How scheduling and rescheduling will occur;
- Whether photographs or updates will be exchanged;
- Appropriate boundaries for communication;
- Safety-related restrictions, if needed; and
- Procedures for addressing disputes.
The goal is to create an agreement that protects the child while giving all parties a clear understanding of their obligations.
21. What should adoptive parents consider before signing a PACA?
Adoptive parents should consider whether the proposed contact arrangement is practical, safe, and in the child's best interests.
Important considerations include:
- The child's relationship with the birth relative;
- The child's emotional and developmental needs;
- The adoptive family's ability to maintain the schedule;
- Whether the birth relative can respect appropriate boundaries;
- Any safety concerns;
- The long-term nature of the commitment; and
- Whether the agreement is specific enough to avoid future disputes.
A PACA is a binding legal agreement. Adoptive parents should not agree to terms they are not prepared to honor.
22. What should birth parents consider before signing a PACA?
Birth parents should understand that a PACA must be approved by the court to be enforceable.
Birth parents should also understand that:
- An informal promise may not protect future contact;
- The PACA must be approved before or at the time of the adoption decree;
- The agreement should clearly describe the contact expected;
- Future modification rights are limited;
- The court will focus on the child's best interests; and
- A PACA does not give the birth parent parental rights after adoption.
A PACA can preserve important contact, but it must be properly created and approved.
23. Does a PACA give birth parents parental rights after adoption?
No. A PACA does not give birth parents legal custody or parental decision-making rights.
After an adoption is finalized, the adoptive parents become the child's legal parents. A PACA may allow for specific contact or communication, but it does not restore parental rights or give birth relatives authority over the child's upbringing, education, medical care, religion, or daily life.
24. Can a PACA be used in a stepparent adoption or relative adoption?
A PACA may be considered in different types of Pennsylvania adoptions, including certain family or relative adoption situations, if the statutory requirements are met and the agreement is approved by the court.
Whether a PACA is appropriate depends on the nature of the adoption, the relationships involved, and the child's best interests.
25. How can a Pennsylvania adoption attorney help with a PACA?
A Pennsylvania adoption attorney can assist with:
- Evaluating whether a PACA is appropriate;
- Negotiating the terms of post-adoption contact;
- Drafting a clear and enforceable agreement;
- Preparing required affidavits and court filings;
- Presenting the agreement for court approval;
- Addressing objections or concerns;
- Advising adoptive parents about long-term obligations;
- Advising birth relatives about enforceability; and
- Handling enforcement or modification issues after adoption.
Because the timing requirements are strict, PACA issues should be addressed before the adoption decree is entered.
Contact a Pennsylvania Adoption Attorney in Media, Delaware County
The law office of L. Theodore Hoppe, Jr., Esquire assists families with adoption matters throughout Delaware County and southeastern Pennsylvania, including Post-Adoption Contact Agreements, Act 101 agreements, private adoptions, agency adoptions, family adoptions, and related Orphans' Court proceedings.
To discuss a Pennsylvania adoption matter or a Post-Adoption Contact Agreement, contact the office at 610-495-3579 or use the website appointment scheduling link.
Disclaimer
This page is intended for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with L. Theodore Hoppe, Jr., Esquire. Pennsylvania adoption law is fact-specific, and outcomes depend on the circumstances of each case.