N.M. ADR PACA Mediation Framework

CHILDREN’S COURT MEDIATION PROGRAM

FRAMEWORK FOR MEDIATING POST ADOPTION CONTACT AGREEMENTS

(To be reviewed at the initial meeting with all parties. The purpose is to clarify

the guiding principles of the child best interests, and preserving connections

within families; as well as clarify possible outcomes/options for families.)

1. The guiding principle underlying our efforts to mediate an open adoption is the best

interests of the child(ren). The purpose of establishing a post adoption contact

agreement between the birth parents and the prospective adoptive parents is to

preserve connections for the child(ren), including maintaining contact between siblings

and other family members.

2. The Department’s current plan to terminate parental rights is based on the child’s need

for permanency. The plan to terminate parental rights is only a plan and it is the judge in

the case who decides whether to terminate parental rights.

3. No parent should feel threatened or forced into any agreement to maintain contact with a

child. The plan to terminate parental rights cannot be used to put a parent in the position

where they feel that they have no choice but to go along and agree to whatever is

offered. A parent should only enter into an agreement that they feel is in the best

interests of their child.

4. There are three basic outcomes possible when we agree to mediate a post adoption

contact agreement. The first outcome is a written agreement between the birth parents

and prospective adoptive parents that says what the contact will involve. The second

outcome is an informal agreement between the birth parent and the prospective adoptive

parents. The third is when the parties cannot agree to contact terms.

5. The post adoption contact agreement will be attached to the final decree of adoption and

can be enforced by the court. A violation of the agreement will not result in the adoption

being undone but it can give the birth and/or adoptive parent the chance to have the

judge make a decision about any violation of the contact agreement.

6. Any unwritten, informal agreement between the birth parent and the prospective

adoptive parent can be just as good as a written post adoption contact agreement, the

main difference being that it cannot be enforced by the court. It is based on trust that the

adults in the child’s life will always stay focused on what’s best for the child and that the

adults will be open to the needs of the child.

7. The post adoption contact agreement creates a responsibility for both the prospective

adoptive parents and birth parents. No adoptive parent to be should feel that they have

to agree to a contact agreement that is not in the best interests of the child.

8. The mediated open adoption process is not a plea bargain process. It is a confidential

process of reaching an agreement about what type of contact is in the child’s best

interests. Whatever agreement is reached between the birth parent and the prospective

adoptive parent should always be the result of an agreement about what is in the long

term, the best interest of the child.

CCMP: Effective 7/1/2015