If you are involved in a Pennsylvania adoption — as a birth parent, an adoptive parent, or a child welfare professional — you may have heard the term “open adoption.” Many families in Delaware County and throughout Pennsylvania enter adoption proceedings hoping to preserve some form of ongoing contact between the child and their birth relatives. But what does Pennsylvania law actually allow, and more importantly, what makes that contact arrangement legally enforceable?

The answer lies in a specific legal tool called a Post-Adoption Contact Agreement, commonly referred to as a PACA or an Act 101 agreement. At the law office of L. Theodore Hoppe, Jr., Esquire in Media, Pennsylvania, we help adoptive families and birth families understand their rights and options under Pennsylvania's adoption laws. This article explains how PACAs work, what is required for enforcement, and what happens when things go wrong.

What Is a Post-Adoption Contact Agreement (PACA) in Pennsylvania?

A Post-Adoption Contact Agreement is a written, court-approved agreement that allows for ongoing communication or contact between an adoptive family and a child's birth relatives after the adoption is finalized. These agreements are authorized under Pennsylvania's Act 101, codified at 23 Pa.C.S. §§ 2731–2742. Act 101 applies to adoptions finalized on or after April 25, 2011.

The type of contact established in a Pennsylvania PACA can vary widely. Some agreements provide for in-person visits on a scheduled basis. Others call for the exchange of letters, photographs, emails, or video calls. The arrangement is negotiated between the parties and tailored to the specific circumstances of each family — but always with the child's best interests as the central consideration.

Under Pennsylvania law, the term “birth relative” is defined broadly. It includes not only birth parents but also grandparents, stepparents, siblings, uncles, and aunts — whether related by blood, marriage, or adoption. This means that a wide range of family members may be eligible to enter into a PACA, not just a birth mother or birth father.

The Most Important Rule: Court Approval Makes a PACA Enforceable

Many adoptive and birth families reach informal understandings about staying in touch. They may agree to exchange holiday photos, send letters a few times a year, or arrange visits. These informal arrangements are permissible under Pennsylvania law — but they carry no legal weight. If the adoptive family later decides to stop contact, a birth parent has no legal remedy if the agreement was never court-approved.

An informal “open adoption” promise, however sincerely made, is not a substitute for a properly executed and court-approved PACA. This is one of the most common misunderstandings we see at our Media, Pennsylvania family law practice, and it is one that can have lasting consequences for birth families who believed their contact rights were protected.

How Is a Pennsylvania Post-Adoption Contact Agreement Created?

Creating an enforceable PACA in Pennsylvania requires satisfying several specific legal requirements:

1. The Agreement Must Be in Writing

A verbal agreement does not qualify. The PACA must be a formal, signed written document.

2. All Parties Must Sign Voluntarily

Each party to the agreement must sign a sworn affidavit affirming that they are entering the agreement knowingly and voluntarily, and that it was not the product of coercion, fraud, or duress. The court scrutinizes this closely.

3. The Child Must Consent if Age 12 or Older

If the child who is the subject of the agreement is 12 years of age or older, their consent is required for the PACA to be valid. Pennsylvania law recognizes that older children should have a voice in decisions that shape their lives.

4. Court Approval Must Be Obtained Before the Adoption Decree

The Orphans' Court that finalizes the adoption must review and approve the agreement on or before the date the adoption decree is entered. A petition for approval must include detailed information: the child's age, the nature of the relationship between the child and the birth relative, any guardian ad litem involvement, concerns about abuse or neglect, and a clear explanation of why the proposed agreement serves the child's best interests.

5. The Agreement Must Be in the Child's Best Interests

This is the court's ultimate standard. Relevant factors include the quality of the child's existing relationship with the birth relative, the child's adjustment to their home, school, and community, and whether each party is genuinely willing to support the child's bond with the other side.

What Happens If a Pennsylvania PACA Is Violated?

If a court-approved PACA is in place and one party fails to comply with it, any party to the agreement — or the child — may file an enforcement action in the Orphans' Court that finalized the adoption.

Pennsylvania courts have demonstrated a willingness to enforce these agreements in a meaningful way. In the case In re Adoption of B.G.W., the Pennsylvania Superior Court affirmed enforcement of a PACA after adoptive parents technically permitted a visit but the adoptive father physically blocked the birth mother from having any contact with the child. The court held that “visitation” under a PACA requires genuine, meaningful contact — not a hollow physical proximity where real connection is prevented.

However, there are important limitations on enforcement under Pennsylvania law:

•         The only available remedy is specific performance — the court can order the parties to comply with the terms of the agreement.

•         Monetary damages are not available.

•         A PACA violation is not grounds to set aside the adoption. The adoption remains fully intact; only the contact terms are subject to enforcement.

Can a Pennsylvania PACA Be Modified or Ended?

Pennsylvania law allows for modification or discontinuation of a court-approved PACA, but the standard is intentionally demanding.

Only the adoptive parent, or a child who is 12 or older, may petition the court to modify the agreement. Birth relatives do not have the right to seek modification. The moving party must demonstrate by clear and convincing evidence that the proposed change serves the child's needs, welfare, and best interests.

A party may also petition to discontinue the agreement entirely, subject to the same clear and convincing standard. Courts do not treat PACAs as temporary or easily revocable arrangements — they were designed to give children, birth families, and adoptive families the stability of knowing what to expect going forward.

Practical Guidance for Delaware County and Pennsylvania Families

For Birth Parents

If maintaining contact with your child after adoption is important to you, an informal understanding is not enough. You must ensure that any contact arrangement is memorialized in a written PACA and approved by the court before the adoption decree is entered. Once the decree is signed, the window for creating an enforceable agreement closes permanently.

For Adoptive Parents

A court-approved PACA is a binding legal commitment. Before agreeing to one, carefully consider whether the proposed contact arrangement is truly in your child's best interests and whether you are prepared to honor it long-term. Non-compliance with a court-approved PACA can result in an enforcement action in Orphans' Court.

For Both Families

A PACA is ultimately about the child, not the adults. Pennsylvania courts will scrutinize whether the agreement serves the child's actual needs — not the preferences, fears, or wishes of the parties. An experienced Pennsylvania adoption attorney can help both sides negotiate an agreement that is realistic, sustainable, and genuinely child-centered.

Contact a Pennsylvania Adoption Attorney in Media, Delaware County

Navigating a Pennsylvania adoption — and the complex questions around post-adoption contact — requires experienced legal guidance. At the law office of L. Theodore Hoppe, Jr., Esquire in Media, Pennsylvania, we assist families throughout Delaware County and the surrounding region with all aspects of adoption law, including the negotiation, drafting, and court approval of Post-Adoption Contact Agreements.

If you have questions about a PACA or any aspect of Pennsylvania adoption law, contact our office today at 610-495-3579. You can also use this link to schedule an appointment.  We serve families in Media, Delaware County, and communities throughout southeastern Pennsylvania.