MASSACHUSETTS

 Any adult can adopt a person younger than him or herself, unless the adopteeis his or her spouse, or sibling, uncle or aunt, of whole or half blood. Aminor may adopt the child of the minor's spouse. A husband and wife shalladopt jointly.

Who Can Be Adopted?

 Any person who is younger than the adoptive parent can be adopted, unless theadoptee is a spouse, sibling, or uncle or aunt of whole or half blood.

Consent to Adoption

 The following persons must give written consent to the adoption:

 (1) the adoptee's parents;

 (2) only the adoptee's mother if the child was born out of wedlock;

 (3) the adoptee, if over 12 years of age; and

 (4) the adoptee's spouse.

Written consent must occur later than 4 days after the adoptee is born.

 Consent is not required if:

 (1) the adoptee is 18 years of age or older;

 (2) the court finds that it is in the best interests of the child uponconsidering the ability, capacity, fitness, and readiness of the child'sparents to take parental responsibility and of the adoptive parents to takethis responsibility;

 (3) the adoptee has been in the care of a licensed child-placing agency formore than 1 year, and there is then a presumption that the child's bestinterests will be served by granting the adoption and waiving requiredconsents; or

 (4) notice has been sent and the person has not objected within a given periodof time.

 A person who desires to assert that he is the adoptee's father may petitionthe court for custody, unless his consent has been waived, or for any of theabove-mentionedreasons is not needed. The court will allow the person claiming paternity totake custody if it is in the child's best interest and if it finds that suchperson is the father of the child.

Putative Father's Rights

 Notice must be sent to any man who has filed with the Department of SocialServices a declaration seeking to assert parental rights or has beenadjudicated the father, unless consent is not required as indicated under thegeneral consent provision. The father may then petition for adoption orcustody and will be considered based on the best interests of the child. Theoriginal declaration must be filed prior to final surrender of the child ortermination of parental rights.

Confidentiality

 All adoption records are kept confidential and can only be inspected upon acourt order. Nonidentifying information about the adoptee's biological parentsmay be disclosed to either the adoptive parent or the adoptee who is 18 yearsof age. Nonidentifying information may also be released to the biologicalparent about the adoptee.

 If the biological parent has given consent to the release of identifyinginformation and if the adoptee or the adoptive parents (if the adoptee is under21) have given consent to such release, then this information will bedisseminated to both parties.

Permissible Fees

 Any person, who is not an authorized agent or an employee of the Department ofSocial Services or other licensed placement agency, who accepts monetary or anyother form of payment for placing a child for adoption shall be punished by afine between $5,000 and $30,000 or by imprisonment.

Place of Adoption Hearing

 The hearing may take place where the adoptive parents or adoptee lives.

Authority To Place Child

 The Department of Social Services or an agency authorized by the Departmentmay place a child for adoption.

Relative Adoption

 A licensed child-placing agency does not have to place the child if the childwill be adopted by a blood relative or stepparent.

Special Circumstances

 If the parents of the adoptee request a religious designation for the child,the court will only place the adoptee with a person of that religion, unless itwould not be in the best interests of the child.

Advertisements

 Only a duly authorized agent or employee of the Department of Social Servicesor a licensed child care or placement agency may publish an advertisementregarding children offered or wanted for adoption or services to place a childfor adoption.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Massachusetts Bar Association
20 West Street
Boston, MA 02111
(617) 542-3602

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