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Alaska is our first alphabetical state that gives some provisions for post-placement contact agreements, frequently referred to as contracts. For those unfamiliar with the terms, a post-placement contact agreement/contract is put together by birth and adoptive families (sometimes helped along by an agency or attorney) and sets out the terms for how they will interact after the Termination of Parental Rights is signed and the adoption has been finalized. They can include very specific language (dictating the dates that pictures will be sent or that visits will be had) or they can be more general in nature. There are arguments towards being more specific (so each party knows what is expected) and towards being more vague (so that there is room for flexibility).
Now that we’ve got the technical mumbo-jumbo out of the way, let’s get into the nitty-gritty of what Alaska law says about open adoption contracts. All states vary on how the statutes are worded. Much like the actual contracts themselves, some states are very specific while others are very vague. Alaska seems to fall under the latter. (Though, it should be noted, that being very vague is better than not addressing the issue at all!)
What may be included in postadoption contact agreements?
Citation: Alaska Stat. § 25.23.130(c)
Nothing in this chapter prohibits an adoption that allows visitation between the adopted person and that person’s natural parents or other relatives.Who may be a party to a postadoption contact agreement?
Citation: Alaska Stat. § 25.23.130(c)
The adopted person and the adopted person’s natural parents or other relatives may participate.What is the role of the court in postadoption contact agreements?
This issue is not addressed in the statutes reviewed.Are agreements legally enforceable?
This issue is not addressed in the statutes reviewed.How may an agreement be terminated or modified?
This issue is not addressed in the statutes reviewed.
And so, we don’t really know a whole lot more about open adoption contracts than when we began, now do we? I mean, other than they aren’t prohibited. I do find that it is intensely interesting that the parties to a post-adoption contact agreement are the “adopted person” and the “adopted person’s natural parents or other relatives.” (Okay, for those about to flip out, natural parents is a term used with much frequency in adoption law. I didn’t throw it in there for reactionary measure!) I find it interesting because, unless we’re speaking solely of adult reunion, the adoptive parents are involved in the contact (as they should be!). I wonder why they are left out of this wording? Curious, no?
While Alaska is just first in the alphabetical line of states to even address the issue, they are an example of what is to come on our journey in dissecting state law. Many states, even if they provide a more specific wording on various topics, cannot figure out how to address the “legally enforceable” issue. While there are those who support and those who are against the issue itself, I’m thinking that, in many cases, simply addressing the issue would help a lot of families figure things out.
Unfortunately for Alaskans, one of the biggest problems with their addressing of the issue is that they don’t give families any help on how to modify or, sigh, terminate a contract. Many issues arise in an open adoption when families can’t figure out how to change something in a contract that isn’t working for them in one way or another. For example, maybe the adoptive family wants more visits. (That does happen, folks.) Or maybe the birth parents want to drop a visit because of some reason. (Also happens!) Without giving families a way to address and change problematic contact, many feel stuck. And we all know what happens when you feel stuck: resentment can soon follow. Not helping families address the issue is like watching them shoot themselves in the foot well before problems occur.
In short, Alaska doesn’t offer families much help on the topic other than saying, “Hey, it’s okay to have a contract.” Even if one is filed with an attorney, not being able to edit it at all doesn’t seem to do families any good in the end.
If you live in Alaska and would like to share a story with us about your post-adoption contact agreement, we’d love to hear from you. Either leave a comment or e-mail me at jennah AT adoptionblogs DOT com. Thanks!
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As a reminder, I’m covering post-adoption contact agreements all month as a part of NaBloPoMo here on the Birth/First Parent blog. If you have questions or anything to add, please contact me!
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For more, read:
1. NaBloPoMo on the Birth/First Parent Blog.
2. Information from the State Statute Search and ChildWelfare.gov in November 2007.
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