Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption laws in Massachusetts may affect your decisions. Making informed decisions is the best way of increasing your
chances of adopting a child. By way of example, we have listed below a few of the important parts of Massachusetts child adoption law including such topics as advertising, adoption facilitators, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Ann. Laws Ch. 28A, § 14
No person shall cause to be published in a newspaper or to be broadcast on a radio or television station in the Commonwealth an advertisement or notice for the placement or reception of a child under 16 years of age for adoption unless such advertisement is placed by a licensed or approved placement agency, or with the written approval of the office. Such advertisement or notice shall include the
license or registration number issued to the provider or agency pursuant to § 10.
Use of Intermediaries/Facilitators
Citation: Ann. Laws Ch. 28A, § 11(c)
No person shall place or knowingly facilitate the placement of any child in the care or control of any other person not related to such child by blood or marriage, or in the care or control of any organization other than a licensed or approved placement agency, for purposes of adoption.
No person unrelated to such child by blood or marriage, and no organization other than a licensed or approved placement agency, shall receive such a child for purposes of adoption, except from a licensed or approved placement agency.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Laws Ch. 210 § 2
Written consent to the adoption is required from:
The lawful parents, who may be previous adoptive parents
A surviving parent
The mother only, if the child has been born out of wedlock
The child's spouse, if any
If an agency or person receiving a child born out of wedlock for purposes of a subsequent adoption receives from the child's mother an executed consent, and no person has acknowledged paternity of the child or has been adjudicated the father of the child by any court of competent jurisdiction, then the person or agency shall request that the mother voluntarily provide a sworn written statement, executed
before a notary and in the presence of two competent witnesses, one of whom shall be selected by the mother, that identifies the child's father and his current or last known address. Any such statement shall be used solely for the purpose of notifying the person named as the father of the status of the child.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Laws Ch. 210 § 2
A child who is age 12 or older must consent to the adoption.
When Parental Consent is not Needed
Citation: Ann. Laws Ch. 210 § 3
The consent of the persons named above shall not be required if:
The person to be adopted is age 18 or older.
The court finds that the adoption is in the best interests of the child due to parental unfitness.
A finding of unfitness may be based on the following:
The child has been abandoned.
The child or another child has been abused or neglected.
The child has been in out-of-home placement for at least 6 months and the parents have not maintained significant and meaningful contact with the child.
The child is age 4 or older and in the custody of the department for at least 12 of the last 15 months and cannot be returned home.
The child is younger than age 4 and in the custody of the department for at least 6 of the last 12 months and cannot be returned home.
The parent, without excuse, fails to provide proper care or custody for the child.
Because of the lengthy absence of the parent or the parent's inability to meet the needs of the child, the child has formed a strong, positive bond with a substitute caretaker.
The parent has made no effort to remedy conditions that create a risk of harm to the child.
The child or another child has been subjected to severe or repetitive conduct of a physically, emotionally, or sexually abusive or neglectful nature.
The parent has willfully failed to visit and support a child who is not in the custody of the parent.
The parent suffers from a condition, such as alcohol or drug addiction, mental deficiency, or mental illness, that makes the parent unlikely to provide minimally acceptable care of the child.
The parent's conviction of a felony will deprive the child of a stable home for a period of years.
There exists a prior pattern of parental neglect or misconduct or a felony assault that resulted in serious bodily injury to the child and a likelihood of future harm to the child based on such prior pattern or assault.
When Consent Can Be Executed
Citation: Ann. Laws Ch. 210 § 2
Written consent shall be executed no sooner than the 4th day after the birth of the child.
Revocation of Consent
Citation: Ann. Laws Ch. 210 § 2
A consent executed in accordance with the provisions of this section shall be final and irrevocable from the date of execution.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: Ch. 210 § 4A
Notice of adoption proceedings is given to the father who has filed a parental responsibility claim with the Department of Social Services.
Within 30 days of notice concerning the child's adoption, the person claiming paternity must file a petition for adoption or custody of the child with the probate court.
Please visit adoption law in Massachusetts for more details. |