Adoptive Children and Communications with their Biological Parents

One of adoptive parents’ principal concerns is that of the role of the biological parents. Can a biological parent change their minds about the adoption? Can the biological parents communicate with the adopted child? Can the adopted child ever find out information about his/her biological parent(s)? All these questions can be nerve-racking for individuals who wish to adopt.

The reality is that in all states, the biological parents have a period of time in which they can revoke their consent to the adoption. In Connecticut, Conn. Gen. Stat. § 45a-719 allows for a birth parent to file a petition to set aside an order voluntarily terminating parental rights at any time before the entry of the final adoption decree. However, a biological parent’s ability to revoke may be terminated in cases of abandonment, failure to support the child, or abuse and neglect. Once the court issues a final decree of adoption, a birth parent’s consent becomes final and irrevocable.

After a final adoption decree, it is possible for the adoptive child and biological parents to communicate. The extent of that communication can be negotiated prior to the final adoption decree. In some cases, biological parents and intended adoptive parents enter into what is known as a Cooperative Postadoption Agreement.  This is a written agreement between either or both birth parents and an intended adoptive parent(s) regarding communication or contact contacteither or both birth parents and the adopted child. It is in the Cooperative Postadoption Agreement that the extent of involvement of the birth parents can be defined.

In the case of Cooperative Postadoption Agreements, the identity of the biological parents is known.  However, generally, adoption records are sealed and only non-identifying information is provided to the adoptive parents or adopted child (if he/she is an adult) upon request. This non-identifying information includes (1) age of biological parents in years at the birth; (2) heritage of the biological parent or parents; (3) education stated in the number of years of school completed; (4) general physical appearance of the biological parent(s); (5) talents, hobbies and special interests of the biological parent or parents; (6) existence of any other child or children born to either biological parent of the adopted or adoptable person; (7) reasons for placing the child for adoption or for biological parental rights being terminated; (8) religion of biological parent or parents; (9) field of occupation of biological parent or parents in general terms; (10) health history of biological parent or parents and blood relatives; (11) manner in which plans for the adopted or adoptable person’s future were made by biological parent or parents; (12) relationship between the biological parents; (13) any psychological, psychiatric or social evaluations; and (14) any other relevant non-identifying information.

In the event that the adoptive parents or adopted adult child wishes to learn the identity of the biological parents, written consent must first be obtained from the person whose identity is being request. Therefore, the identity of the birth parents (if not already known) will remain unknown unless the birth parent(s) consents.

Given the significant impact that contact with biological parents can have on the adopted child, it is important to have an attorney who is well versed in adoption law.

By: Leigh Ryan, Esq.

Connecticut telephone number: (203) 221-3100; New York telephone number: (212) 682-5700; Firm url: www. Mayalaw.com; E-mail: JMaya@Mayalaw.com
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