How do I adopt an adult in Massachusetts?

You adopt an adult in Massachusetts by filing a petition in the Probate and Family Court of the county where you live, with the adult's own written consent. Massachusetts allows adult adoption, and the process is shorter than a stepparent adoption of a child. Adult adoptions here typically take about 4-8 weeks.

Who can adopt and be adopted. Under M.G.L. c. 210 § 1, a "person of full age" may petition to adopt another person who is younger than they are. The statute does not define "full age," so ask the court clerk if you are unsure. You cannot adopt your own spouse. No specific age gap is set, and there is no relationship or disability requirement.

Where to file. File in the Probate and Family Court (often called Probate Court) in the county where you, the adopter, live. Massachusetts has 14 counties. If you do not live in Massachusetts, the petition may be filed where the person being adopted lives. A district or juvenile court can use these powers only in a proceeding already pending before it.

Residency. There is no minimum residency period. What matters is the county where you live.

Consent. Consent is one of the most important parts of the process:

• The adult being adopted must give written consent. The age-12 consent rule in M.G.L. c. 210, § 2 is easily met by an adult.
• Under M.G.L. c. 210, § 3(a), the consent of the other people listed in the statute, such as the adoptee's lawful parents and spouse, is not required when the person to be adopted is 18 or older. That clause is worded around petitions involving a child in someone's care or custody, so confirm with the clerk or an attorney how your court applies it.
• If you are married, your spouse generally must join your petition unless the court excuses it, for example because of prolonged absence, separation, or incapacity.

Home study. The investigation and report under M.G.L. c. 210 § 5A covers petitions for a child under fourteen, so it does not apply to an adult adoptee. The judge still decides whether you are of sufficient ability to adopt, but no investigation is required for adults.

Hearing. The judge holds a hearing, which can take place in chambers and must if a party asks (unless the case is contested). Whether a hearing can be waived for an adult is something to confirm with the clerk.

Abandonment. Massachusetts sets no fixed number of months for abandonment. It depends on a parent's overall conduct under M.G.L. c. 210 § 3. This generally comes up only if a parent's rights are in question. If a parent is contested or cannot be found, talk to the clerk or an attorney about your situation.

Filing fees and records. Court fees and forms can vary, so the clerk in your county can confirm the current amount. For questions about updating records after an adoption, such as a birth certificate, contact the Massachusetts Registry of Vital Records and Statistics.