Can the birth mother communicate with the adoptive parents and child after the adoption?

Yes. If the mother chooses an open adoption (where she and the adoptive parents share names and phone numbers and can contact each other directly) or a semi-open adoption (where communication is through a third party, like an agency or attorney), she may participate in a mutually agreed upon level of communication which lasts as long as all parties agree to continue the contact. No one is legally obligated to maintain an informal agreement. Either family may decide to stop contact for any reason.

Arizona law also allows for a more FORMAL, legally binding arrangement called Communication Agreement (ARS 8-116.01). In order to be “enforceable,” the agreement must be in writing, agreed to by all parties, determined by the court to be in the best interest of the child and approved by the court. It is filed with the final adoption order. The court “retains jurisdiction after the decree of adoption is entered” in order to hear motions to enforce or modify the agreement. The court will not enforce or modify an agreement unless the party filing the motion has made a good faith attempt to mediate the dispute.

It is important to note 2 aspects of this law:
The law states an adoption cannot be overturned just because one of the parties fails to comply with this agreement. And, adoptive parent may terminate contact between the birth parent and the adoptive child at any time if the adoptive parent believes that this contact is not in the child’s best interest. When the child is an adult, there are additional options for contact with the birth family, the Confidential Intermediary Program conducts a search or the birth parents may place a consent in the file to be contacted if the adult child requests contact. This release (permission) can be changed at any time by filing a new notarized statement with the court.