This bill amends New Jersey's adoption law to establish the validity and enforceability of voluntary post-adoption contact agreements (PACAs) between adoptive parents and the biological or other relatives of the child. A PACA allows for continued contact, visitation, or information exchange between the adoptive child and specified relatives, which is particularly relevant in open adoptions. The bill introduces new legal language that clarifies that these agreements will not apply to finalized adoptions unless a PACA has been approved by the court. It also outlines the court's responsibilities in reviewing these agreements, including soliciting the child's preferences if they are of sufficient age and capacity.
Under the proposed legislation, if adoptive parents consent to a PACA, they must submit a proposed consent order to the court, which will detail the terms of the agreement and the relatives involved. The court will then determine if the PACA serves the best interests of the child and, if so, will enter a separate consent order alongside the adoption judgment. The bill also stipulates that any disputes regarding the PACA will be handled in the Family Part of the Chancery Division of the Superior Court, and importantly, the adoptive parents' failure to comply with the PACA will not be grounds for overturning the adoption.
Statutes affected: Introduced: 9:2-7.1, 9:3-50