This bill amends New Jersey's adoption laws 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 in cases where an adoption has been finalized and a PACA has been approved. It also outlines the court's role in determining the best interests of the child when considering these agreements.
Under the proposed legislation, if adoptive parents consent to a PACA, they must submit the agreement to the court, which will review it to ensure it was entered into knowingly and voluntarily and serves the child's best interests. The court will also consider the child's preferences regarding post-adoption contact if the child is of sufficient age and capacity. The bill specifies 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 judgment.
Statutes affected: Introduced: 9:2-7.1, 9:3-50