Can Birthparents and Adoptive Parents Have A Judicially Enforceable Post Placement Communication Agreement/Decree?
Massachusetts is one of very few states where there is a statute expressly allowing birth and adoptive parents to create a legally enforceable post placement communication agreement. Birth and adoptive families can establish, in writing, what types of post-placement communication they’d like to share after the child is placed for adoption. If the adoption is finalized in a state other than Massachusetts, then this law doesn’t apply. If the adoptive family lives in another state (and finalizes the adoption there) and/or the adoptive family finalizes (as non-residents) in the state where the birthmother has delivered her child (other than Mass.), the law does not apply. Some states have modified versions of this law (e.g. Indiana allows such agreements where the child is over two years old and there is a substantial relationship between the birthparents and child). Some birthparents wish to deliver their child or make an adoption placement in Massachusetts because they like the idea of h
