1. (1) The cooperative adoption mediation process allows the mediation participants to make an informed and self determined decision after exploring the full range of options available to them. These decisions may be memorialized in a PACA. Post Adoption Communication Agreements make the most sense in situations where birth parent(s) are working with the agency to plan adoption, and where voluntary relinquishment of parental rights will be the mechanism to legally free the child for adoption rather than termination of parental rights. Parents who actively choose adoption for their child, and who do not present a danger to their child or to an adoptive resource, are appropriate for a Post Adoption Communication Agreement.
2. (2) The PACA must address the safety concerns listed in the Mediation Referral Form.
3. (3) The PACA must not condition the terms of agreement upon the decision of the parent to relinquish parental rights.

4. (4) Informed decision making in mediation involves giving the participants the opportunity to make self-determined decisions after exploring options that may impact the terms of their final agreement. The following characteristics should be considered in forming a PACA:

   1. (a) It is based on the individual needs of the child and capable of meeting the child’s developmental needs over time;
   2. (b) Reflects the intent of relationship building in order for the adoptive resource to meet the needs of the adopted child through growth and development;
   3. (c) It is clear and can be understood by the mediation participants;
   4. (d) It addresses how contingencies will be handled. For example: failure to adhere to the terms of the agreement by any mediation participant; requests for informal changes to the terms of the agreement, etc.
   5. (e) It includes a procedure for modifying the agreement to meet the changes of the child through growth;

   6. (f) It addresses how costs to support the agreement, such as transportation, counseling, supervision of visits, and letter and picture exchanges will be met.

      [ED. NOTE: Forms referenced are available from the agency.]

Statutory/Other Authority

ORS 418.005

Statutes/Other Implemented

ORS 109.305

History

CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026
CWP 33-2003, f. & cert. ef. 10-3-03