Post-Adoption Contact & Communication Agreement

In the State of Virginia, this form is to be used in drafting a post-adoption contact & communication agreement.Download

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032-02-0658-00-eng  Post-Adoption Contact and Communication Agreement 
 
 
This agreement is made between                             ,	
 &                        	the birth mother/father  
                                                           	
Birth Parent                      Birth Parent                                                  
 	
 of	                       ,	 born                       	, and                                  	, &                              ,	 the  
    	
Child	                                  	Date of Birth                   Adoptive Parent     Adoptive Parent 	
 
prospective adoptive parent(s).	
 
 	
Birth Parent(s): 
I/We understand that at any time before the transfer of legal custody of above named child for 
adoption and/or a pre-adoptive placement, I/We may enter into a written post-adoption contact 
and communication agreement in accordance with the provisions of Sections 16.1-283.1 and 
63.2-1228.1 of the Code of Virginia. 
 
I/We understand that the termination of my/our parental rights and adoption of the above name 
child is irrevocable even if the adoptive parent(s) do not abide by the post adoption contact and 
communication agreement. 
 
I/We understand that I am not required to enter into a post-adoption contact and communication 
agreement. 
 
I/We understand that the agency giving consent to the adoption and the child’s guardian ad litem 
must recommend that the post-adoption contact and communication agreement be approved as 
being in the best interests of the child.  If there is no agency giving consent to the adoption then 
the agency that prepared the adoption report has been informed of the post-adoption contact and 
communication agreement and has recommended in the agency’s report to the circuit court that 
the post-adoption and contact and communication agreement be approved. 
 
I/We, as the birth parent(s), consent to this post-adoption contact and communication agreement. 
 
Prospective Adoptive Parent(s): 
I/We acknowledge that a post-adoption contact and communication agreement is not required to 
be entered into for the finalization of the adoption of the above child. 
 
I/We acknowledge that the post-adoption contact and communication agreement grants the birth 
parent(s) the right to seek the enforcement of the post-adoption contact and communication 
agreement provisions set forth in this agreement by the court of jurisdiction.

032-02-0658-00-eng   I/We acknowledge as petitioner(s) for adoption, if this agreement is agreed upon, it is required to 
be submitted with the other documents presented to the circuit court where the adoption petition 
is filed.  
 
I/We as adoptive parent(s) consent to this post-adoption contact and communication agreement. 
 
I/We acknowledge that the agency giving consent to the adoption and the child’s guardian ad 
litem must recommend that the post-adoption contact and communication agreement be 
approved as being in the best interests of the child.  If there is no agency giving consent to the 
adoption, then the agency that prepared the adoption report has been informed  of the post-
adoption contact and communication agreement and has recommended  in the agency’s report to 
the circuit court that the post-adoption and contact and communication agreement be approved. 
  
Contact Type:       Frequency    
                                  	
                                                                      	 
                                                       
                                  	
                                                                      	 
   
                                  	
                                                                      	 
        
Communication Type:      
                                  	
                                                                      	 
                                                       
                                  	
                                                                      	 
   
                                  	
                                                                      	 
 
 
Modification: 
The post-adoption contact and communication agreement may be modified by either the birth 
parent(s) or adoptive parent(s) by filing a petition with the circuit court of the jurisdiction in 
which the final order of adoption was entered. 
 
In order to have the agreement modified, either the birth parent(s) or adoptive parent(s) who is 
filing for the modification must establish that there has been a change of circumstances and the 
current agreement is no longer in the child’s best interest. 
 
No modification will affect the irrevocability of the adoption. 
 
The circuit court, when requested to modify the agreement, may appoint a guardian ad litem to 
represent the child’s best interests.

032-02-0658-00-eng   Enforcement:  
The agreement is enforced by the designated circuit court.  A petition must be filed with the 
circuit court of jurisdiction to enforce the compliance of the agreement.  Either the birth parent(s) 
or adoptive parent(s) may file a petition with the circuit court of jurisdiction.  The circuit court 
may appoint a guardian ad litem when the court receives a petition for compliance with the 
agreement.  The circuit court may not award monetary damages.  The circuit court may use other 
measure such as being in contempt of court to enforce the agreement. 
 
 
Provisions: 
Failure to enter into a post-adoption contact and communication agreement with the identified 
adoptive parents after authority to consent to the child’s adoption is granted to a local board of 
social services or child-placing agency, or failure to comply with a post-adoption contact and 
communication agreement, will not affect 1) the consent adoption, 2) the voluntary 
relinquishment of parental rights, 3) the voluntary or involuntary termination of parental rights, 
or 4) the finality of the adoption. 
 
The                                          	
 is not a party to this post-adoption contact and communication 
           	
Child-Placing Agency 	
agreement and has no responsibility for enforcement of it. 
 
                              	
,                                	, and                               	,                                 	 
     	
Birth Parent                     Birth Parent                           Adoptive Parent                Adoptive Parent 
 	
agree to honor the spirit, intent, and terms of this agreement. By signing this agreement, I/We 
agree to the terms of the agreement by affirmation of my/our signature and the date: 
  
                                                    	
                                     	 	
Birth Parent        Date 
 
                                                     	
                                     	 	
Birth Parent        Date 
  
                                                     	
                                     	 	
Adoptive Parent        Date 
 
                                                      	
                                    	 	
Adoptive Parent                             Date

032-02-0658-00-eng   Child: 
I                           ,	
 being14 years of age or older, consent to this post-adoption contact and 
     	
Child’s Name 	
communication agreement. 
 
                                                      	
                                    	 	
Child (Age 14 or older)                        Date 
 
The following have seen and approved the agreement as being in the best interest of the child 
and recommend its approval: 
 
 
                                                                                	
                                  	 	
Child-Placing Agency /Name and Title                     Date 
 
 
                                                                                	
                                  	 	
Guardian ad litem                           Date