Postadoption Contact Agreements Between Birth and Adoptive Families - Texas

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What may be included in postadoption contact agreements?

Citation: Fam. Code §§ 161.2061; 161.2062

An order terminating the parent-child relationship may include terms that allow the biological parent to:

  • Receive specified information regarding the child
  • Provide written communications to the child
  • Have limited access to the child

The order of termination may not require that a subsequent adoption order include terms regarding limited posttermination contact between the child and a biological parent.

The inclusion of a requirement for posttermination contact in a termination order does not affect the finality of a termination or subsequent adoption order or grant standing to a parent whose parental rights have been terminated to file any action under this title after the court renders a subsequent adoption order with respect to the child.

Who may be a party to a postadoption contact agreement?

Citation: Fam. Code § 161.2061

The agreement shall be between the biological parent and the Department of Family and Protective Services.

What is the role of the court in postadoption contact agreements?

Citation: Fam. Code § 161.2061

If the court finds it to be in the best interests of the child, the court may provide in an order terminating the parent-child relationship that the biological parent who filed an affidavit of voluntary relinquishment of parental rights under § 161.103 shall have limited posttermination contact with the child on the agreement of the biological parent and the department.

Are agreements legally enforceable?

Citation: Fam. Code § 161.2061

The terms of an order of termination regarding limited posttermination contact may be enforced only if the party seeking enforcement pleads and proves that, before filing the motion for enforcement, the party attempted in good faith to resolve the disputed matters through mediation.

The terms of an order of termination under this section are not enforceable by contempt.

The inclusion of a requirement for posttermination contact in a termination order does not:

  • Affect the finality of a termination or subsequent adoption order
  • Grant standing to a parent whose parental rights have been terminated to file any action under this title after the court renders a subsequent adoption order with respect to the child

How may an agreement be terminated or modified?

Citation: Fam. Code § 161.2061

The terms of an order of termination regarding limited posttermination contact may not be modified.