Post-Adoption Contact Agreements (PACAs)

In 2025, the Utah Adoption Law Center proposed a change to the Utah Adoption Statute to allow post-adoption contact agreements (PACAs) in private and stepparent adoptions. Previously, the statute only allowed such agreements in foster-child cases and there was some confusion whether agreements could be used in other types of adoption cases. The change in the law became effective on May 6, 2026. Now, PACAs may be used in various types of adoption.

This is a big deal because these agreements can be a useful tool when trying to resolve a case. A birth parent who does not have much, if any, relationship with a child, might not want to relinquish his parental rights and lose all contact with the child. He might oppose the adoption. Meanwhile, the adopting parents love the child and obviously want the adoption to be approved by the court, hopefully without litigation risk. Actually, there is litigation risk for both sides. Without a PACA, a biological parent might lose his or her parental rights and lose all information and contact with the child. Likewise, without a PACA, the adoptive parents might not be able to complete the adoption (i.e., if the judge rules that the biological parent's rights should not be terminated).

Post-Adoption Contact Agreements allow the adoption to go forward and allow the birth parent to still receive information about the child or perhaps even contact with the child.

PACAs may include provisions about:

--Whether the biological parent (or grandparent) may have any contact with the child

--How often and when and where such contact may occur

--What notice, if any, must be provided before any in-person contact or travel (which may result in incidental contact) occurs

--What information, if any, the adoptive parents will give to the biological parents, and how often such information will be provided

--The role, if any, of the child's therapist in facilitating any contact or in being a gatekeeper

--What information, if any, may be posted on social media

--What enforcement mechanisms, if any, may be used if disagreements arise

PACAs must be approved by the judge. The judge must find that the PACA is in the child's best interest. If the child is age 12 years or older, his or her consent is required before the PACA may be approved. Also, a PACA may involve an "other birth relative." So, the PACA might specify what information or contact a biological grandparent may receive.

In conclusion, PACAs must be used carefully, but they can help maintain contact (or facilitate adoption) that is in the best interest of the child. They can reduce litigation risk and help each party get some of what they want.

If you want to look up the actual statute, search for Utah Code 81-13-216. If you have questions about a potential adoption, please call the Utah Adoption Law Center.