What are Massachusetts's adoption laws?

Massachusetts adoption is governed by Massachusetts General Laws Chapter 210, and stepparent adoptions are handled by the Probate and Family Court in your county. Here is how the main rules work for a family like yours.

Where you file: Massachusetts has 14 counties, and each has its own Probate and Family Court. For an adult adoption, the petition goes to the probate court of the county where the person adopting lives. Local forms and procedures can differ, so your county's clerk is the best source for filing fees and local requirements.

Residency: Massachusetts has no minimum residency period before you can file (M.G.L. c. 210 § 1).

Consent: A child above age 12 must give written consent to their own adoption (M.G.L. c. 210 § 2). That section also calls for written consent from the child's lawful parents. If the other parent is absent, unknown, or may object, the right path depends on your facts, so ask the court clerk or an attorney about that situation.

Abandonment: Massachusetts sets no fixed number of months for abandonment. It depends on the parent's overall conduct (M.G.L. c. 210 § 3). Because there is no bright-line rule, a case where the other parent has been out of the picture is a good one to review with an attorney.

Termination of parental rights: In Massachusetts this is not a separate court case. It is handled within the adoption proceeding.

Home study: The home study is waived for stepparent adoptions (M.G.L. c. 210 § 5A). That can shorten the process considerably compared with other types of adoption.

Timeline: A stepparent adoption of a minor typically takes 3-6 months. An adult adoption typically takes 4-8 weeks.

Adult adoption: Massachusetts allows it, and no relationship or disability is required. The person being adopted must be younger than the person adopting, and a person cannot adopt their spouse. The adult being adopted must consent. If the person adopting is married, the spouse generally joins the petition unless the court excuses them. The court may hold the hearing in chambers, and must do so if a party requests it (unless the case is contested).

Adopter age: The adopter must be "a person of full age." The law does not define that term, and it does not set a required number of years between the adopter and the adoptee. Ask the clerk if you have a question about your specific situation.

Birth certificate: After the adoption is final, the Massachusetts Registry of Vital Records and Statistics is the state agency that handles vital records. The court clerk can tell you the steps for updating a birth certificate.

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 are delivered 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 more than 34,000 families nationally since 2001.