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Communication between Children and Birth Parents after Adoption

When birth parents give up their child for adoption, they sign away all parental rights and powers to the adoptive family promising to care for the child. Once the relinquishment affidavit and other waivers are properly completed and verified by the state, birth parents no longer have the power to influence how a child will be raised. However, some birth parents may still attempt to communicate with their children, which may or may not be permitted. Depending on the circumstances of the adoption, this sort of action may carry serious legal penalties.

When Is Communication Allowed?

Problems can arise with an adoption if the adopted child wants to communicate with their birth parents or the birth parents want to communicate with their child, but the adoptive parents don’t want this to occur. Legally, the birth parents are limited to being allowed to communicate only in the following situations:

  • Communication is permitted by the adoptive parents
  • The child is allowed to reach out through a birth parent registry to communicate
  • Communication rules are established through a trust agreement
  • The child is 18-years-old, legally recognized as an adult

Trust agreements are explicit statements that lay a groundwork for communication between birth parents and adoptive parents. If these agreements, which may permit or forbid communication, are violated, there may be legal consequences for the party responsible for that wrongdoing.

Contact Us

If you’re looking for legal advice about what to do if you would like to enforce or contest a trust agreement, our team at the Law Office of Andrew A. Bestafka, Esq., can help you closely consider what legal options are available. To discuss these options in full detail with an experienced, qualified professional, call (732) 898-2378 today.