What happens if the adoption is contested in Massachusetts?

If an adoption is contested in Massachusetts, the Probate and Family Court has to resolve the disagreement at a hearing before it can decide whether the adoption goes forward. Because the outcome turns on the facts of your family, this is a point where an attorney's advice is worth having.

What "contested" means. Massachusetts requires written consent from the child's lawful parents (M.G.L. c. 210 § 2). A parent who simply never signs is not necessarily fighting the adoption. A contested case is one where a parent actively opposes it. How the court treats a particular parent's silence or objection is a question for the clerk or an attorney.

What the process looks like.

• Filing and notice. You file the petition in the Probate and Family Court. When consents are not filed, notice runs to the time appointed for the hearing (M.G.L. c. 210, § 4).
• A hearing. The statute contemplates a hearing before the judge (M.G.L. c. 210, § 6). In a contested case, you should expect to explain your position, and the other parent may explain theirs.
• The judge decides. If a parent's consent is missing, the court looks at the circumstances of your case rather than a simple checklist.

Abandonment. Massachusetts sets no fixed number of months for abandonment (M.G.L. c. 210 § 3). It depends on the parent's overall conduct, so there is no calendar rule you can count to. Two families with similar timelines can have different results. If you think abandonment may be an issue, talk with a Massachusetts family law attorney about your facts.

Your child's consent. If your child is above age 12, their written consent is also required (M.G.L. c. 210 § 2). A child's own view can matter alongside a parent's objection.

Timing. A stepparent adoption in Massachusetts generally takes 3-6 months. A contested case depends on the court's schedule and on how the dispute plays out, so ask the Probate and Family Court clerk in your county what to expect for scheduling.

Our suggestion if you expect a fight.

• Talk to a Massachusetts family law attorney about your specific situation, especially if the other parent has said they will object or has been served and responded.
• Ask the Probate and Family Court clerk in your county about hearing dates, forms, and local procedures.
• Keep your paperwork accurate and complete, since the court will look at it closely.

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 cost is $349 for the first child, plus $99 for each additional child.