What are the adoption laws in Massachusetts?

Massachusetts adoptions are governed by Massachusetts General Laws Chapter 210, and stepparent adoptions are filed in the Probate and Family Court in your county. Massachusetts has 14 counties, and the court handles the petition, any hearing and the final decree.

Who can adopt. The statute says "a person of full age" may petition (M.G.L. c. 210 § 1), though it doesn't define that term. The person being adopted must be younger than the adopter. For a specific minimum age or age gap, the court clerk can confirm.

Residency. Massachusetts has no minimum residency period (M.G.L. c. 210 § 1). You don't have to live in the state for a set number of months before filing.

Consent. Written consent is required under M.G.L. c. 210 § 2. It comes from the lawful parents and, if the child is older than 12, from the child as well. Whether a particular person's consent is needed in your family depends on your facts, so check with the clerk or an attorney.

Abandonment. Massachusetts sets no fixed number of months for abandonment. It depends on the parent's overall conduct (M.G.L. c. 210 § 3). If you think a parent's consent may not be required, or if a parent might contest the adoption, talk to an attorney about your specific situation.

Home study. In stepparent adoptions the home study is waived (M.G.L. c. 210 § 5A), so you generally won't face the investigation other adoptions involve.

Timeline. Stepparent adoptions in Massachusetts typically take 3-6 months. Your timeline depends on your county's schedule and on whether everyone consents.

Adult adoption. Massachusetts permits it. The adopter must be of full age, the adoptee must be younger than the adopter, and a person cannot adopt their spouse (M.G.L. c. 210 § 1). The adult being adopted must give their own consent. The statute also addresses whether the consents of parents and a spouse are needed when the adoptee is 18 or older (M.G.L. c. 210 § 3), so confirm how that applies with the clerk. If the petitioner is married, the spouse generally must join the petition, with some exceptions. There is no home study requirement for adults, because the investigation applies to a child under age 14 (M.G.L. c. 210 § 5A). The court still decides whether the petitioner is "of sufficient ability" (M.G.L. c. 210, § 6), and a hearing may be held in chambers. The petition is filed in the probate court of the county where the petitioner lives. Adult adoptions typically take 4-8 weeks.

What the clerk can confirm. Filing fees and local filing procedures vary, so the Probate and Family Court clerk in your county can give you current details. After the adoption, the Massachusetts Registry of Vital Records and Statistics is the agency to ask about birth record questions.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm.