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Massachusetts Adoption Laws

Considering adoption in the state of Massachusetts can be a joyous opportunity for prospective adoptive parents to expand their families. But, the adoption process can be emotionally and legally complex. Each state, including Massachusetts, has specific laws governing who can adopt, who can be adopted, and the procedures involved. This makes it essential to understand your state's regulations thoroughly.

This article will give a summary of Massachusetts adoption laws.

Types of Adoption in Massachusetts

Regulations and laws on adoption, including who may adopt and special requirements for adoptive parents, are similar among most states. In Massachusetts, there are several adoption options to consider:

  • Private adoption: Involves prospective parents working with an adoption agency or attorney to arrange an adoption directly with birth parents, often facilitated by adoption agencies.
  • Foster care adoption: Allows foster parents to adopt children in the state's foster care system, providing a permanent home for needy children.
  • Stepparent adoption: Enables a stepparent to legally adopt their spouse's child. This process usually requires the consent of the biological parent who is not the stepparent.
  • Relative adoption: Involves family members, such as grandparents or aunts, adopting a child. This type of adoption often simplifies the process due to existing family connections.
  • International adoption: For those adopting a child from another country, this involves navigating both U.S. and foreign legal requirements.
  • Open adoption: Allows for ongoing contact between the adoptive family, the adopted child, and the birth parents, providing a more flexible and communicative relationship.

Adoption Statutes in Massachusetts

The various state adoption laws can differ depending on where you live. Below are some highlights of Massachusetts adoption laws, including regulations on who may adopt, child consent requirements, and the relevant procedures.

Code section Ch. 210 of the Massachusetts Code

Who may be adopted

Any person younger than the adopter; special requirements are needed for children under age 14.

Age that child's consent needed

12 and older

Who may adopt

Any person of full age, their spouse joining, may, subject to certain exceptions, petition to adopt any person younger than themself (other than the petitioner's spouse, brother, sister, aunt, or uncle of whole or half blood).

Home residency required before finalization of adoption?

Six months if the adoptee is under 14 unless the requirement waived

State agency/court

Department of Children and Families (DCF)/Probate and Family Court

Statute of limitations to challenge

120 days for appeal; may only be made by a parent if notice not received

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Massachusetts' Adoption Process

Adopting a child in Massachusetts involves several key steps to ensure a safe and suitable environment for the child:

  1. Learn more about adoption: Attend a Department of Children and Families (DCF) informational meeting to start the adoption process.
  2. Complete a background check: Everyone over 14 in your household must undergo a background check by the DCF.
  3. Pass a home safety inspection: A social worker will inspect your home to ensure it meets safety standards, including working smoke detectors and adequate living space. You will have the opportunity to correct any deficiencies before a follow-up visit.
  4. Attend MAPP training: Complete the Massachusetts Approach to Partnerships in Parenting (MAPP) training program at a time that suits you.
  5. Undergo a home study: A MAPP social worker will visit, meet your family, and review references to prepare a home study that DCF will use to assess your suitability.
  6. Get DCF approval: Once approved, DCF will match you with a child who fits well with your family.
  7. Finalize the adoption: You must secure a court order, including an adoption decree, to legally finalize the adoption. This will also involve updating the child's birth certificate.

Get Legal Help With an Adoption

Adoption can be complex due to the many state and federal regulations involved. An attorney can guide you through the adoption process by reviewing your case and advocating for you and your future child.

If you would like legal help with an adoption case, contact an experienced Massachusetts adoption attorney in your area to schedule a consultation.

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