Is there an age limit for adult adoption in Massachusetts?

In Massachusetts, the age rules for adult adoption are relative rather than a set number: the person adopting must be "a person of full age," and the person being adopted must be younger than the adopter (M.G.L. c. 210 § 1).

The adopter's age. The statute says "a person of full age" but does not define the term. A minor may petition only to adopt a natural child of one of the spouses. If you are unsure whether you meet the "full age" wording, the Probate and Family Court clerk in your county can confirm.

The age gap. The adoptee must be younger than the adopter. The statute gives no specific number of years between them. Whether any other age-related limit applies to your situation is something to confirm with the clerk or an attorney.

Other points in the same statute:

• Spouses: A person cannot adopt their own wife or husband.
• Relationship: The statute has no requirement that you share a particular relationship, and no disability requirement.
• The adoptee's consent: The adult being adopted must give written consent (M.G.L. c. 210 § 2). Massachusetts has no separate child-consent age requirement that matters here, because the adoptee is an adult.
• Parents and spouse of the adoptee: Section 2 lists the adoptee's lawful parents and spouse as consenting parties. Section 3 says that consent of those people, other than the adoptee, is not required when the person to be adopted is 18 or older (M.G.L. c. 210 § 3). That section is worded around petitions filed by someone caring for a child, so if parental or spousal consent is a concern in your family, ask the clerk or an attorney how it applies to you.
• If you are married: Your spouse generally must join the petition unless excused, for example because of prolonged absence, separation, or incapacity.

Home study. The investigation and report under M.G.L. c. 210 § 5A applies to petitions for a child under the age of fourteen. It does not apply to adult adoptees, and no investigation is mandated for adults.

Where and how long. You file in the Probate and Family Court in the county where you, the adopting person, live. Massachusetts has no minimum residency period. Adult adoptions here typically finalize in 4-8 weeks. The court may hold a hearing, which the judge can conduct in chambers. The clerk can tell you the current filing fees and scheduling in your county.

Contested situations. If a parent or other family member objects, or if you are unsure who must be notified, that depends on the facts of your case.