What happens if the bio parent shows up at the hearing to contest adoption in Massachusetts?

If the biological parent shows up at your hearing in Massachusetts and contests the adoption, the Probate and Family Court will not simply go ahead as planned. The parent's objection becomes an issue the judge has to deal with, and what happens next depends on the facts of your family's situation.

Why the parent's voice matters. Under M.G.L. c. 210 § 2, written consent is required from the child's lawful parents. If the child is over 12, the child's own written consent is also required. A parent who appears and says "I don't consent" is raising the central question in a stepparent adoption: whether that parent's consent is needed, or whether the case can proceed without it.

How abandonment fits in. Massachusetts sets no fixed number of months for abandonment. It depends on the parent's overall conduct, as addressed in M.G.L. c. 210 § 3. A judge looks at the whole picture, not a single calendar deadline. How that applies to a particular parent and child is a fact-specific question that an attorney or the Probate and Family Court clerk in your county can help with.

What may happen at the hearing:

• The parent may be heard on why they object.
• You may need to explain, through the court process, why the adoption should go forward.
• Notice matters. If a parent says they were not properly told about the hearing, the court may need to look at the notice that was given. The clerk can explain the notice steps for your county.
• Whether the judge decides at that hearing or sets another date depends on the judge and the circumstances.

Hearings in chambers. A Massachusetts probate judge may hold an adoption hearing in chambers, and must do so on a party's request unless the case is contested. A contested case may therefore be handled differently from a routine one.

What to do now:

• If you expect the other parent to object, talk with a Massachusetts family law attorney before the hearing. Contested cases turn on specific facts, and we cannot tell you how a judge would rule in yours.
• Ask the Probate and Family Court clerk in your county about notice requirements, scheduling and any filing fees. The clerk can confirm these details.
• Keep your own records of the parent's contact and involvement with the child, since your conduct and theirs are both part of the overall picture. Share them with an attorney if one is involved.
• Make sure the child's own consent is in order if the child is over 12.