How old do you have to be to adopt in Massachusetts?

In Massachusetts, you must be "a person of full age" to adopt, and the law does not set a specific number of years for that phrase (M.G.L. c. 210 § 1). The statute uses the term without defining it, so if you are close to the line, the Probate and Family Court clerk in your county can confirm how it applies to you.

The adopter's age. The only age-related rule for adopters in the statute is "full age." A minor may petition only to adopt a natural child of one of the spouses. If your situation is unusual, ask the clerk or an attorney about your specific facts.

Age difference with the person being adopted. The person you adopt must be "younger than" you. Massachusetts sets no specific number of years between you and the adoptee. A person also cannot adopt their own spouse (M.G.L. c. 210 § 1).

The child's age and consent. If the person being adopted is above age 12, their written consent is required, along with the consent of the lawful parents (M.G.L. c. 210 § 2). For a younger child, the statute does not require the child's own consent.

Adopting an adult. Massachusetts permits adult adoption, and adulthood here means age 18 or older. An adult adoptee's own consent is still required. For an adoptee who is 18 or older, the statute says the consents of the other people named in § 2 are not required (M.G.L. c. 210 § 3). Adult adoptions also differ from child adoptions in two ways:

• The statute's home-study investigation applies to petitions for young children, not to adult adoptees (M.G.L. c. 210 § 5A).
• Adult adoptions often move faster. Our Massachusetts timeline for adult adoption is typically 4-8 weeks, compared with 3-6 months for stepparent adoption of a child.

Where you file. Petitions are filed in the Probate and Family Court (often called Probate Court) of the county where you live. Massachusetts has 14 counties. There is no minimum residency period before you can file. Your county's clerk can tell you about local filing procedures and fees.

Stepparent adoptions. For a stepparent adopting a child, the home study is waived (M.G.L. c. 210 § 5A). If a parent's consent is missing, the case can become more complicated. That depends on the facts, so talk with the court clerk or an attorney about your particular circumstances. Massachusetts has no fixed number of months for abandonment. Instead, abandonment depends on the parent's overall conduct (M.G.L. c. 210 § 3).

Birth certificates. After the adoption is final, updated birth records are handled through the Massachusetts Registry of Vital Records and Statistics.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child (or for one adult adoptee) and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 162 Massachusetts families and 34,000+ families nationally since 2001.