What if the biological father refuses to consent to adoption in Massachusetts?

If the biological father refuses to consent, Massachusetts law makes his refusal a serious issue, because the lawful parents' written consent is normally required, and the question becomes whether his overall conduct toward your child amounts to abandonment. What happens in your case depends on your facts, so the Probate and Family Court clerk in your county or an attorney should confirm how the rules apply to you.

What consent means. Under M.G.L. c. 210 § 2, an adoption requires the written consent of the child's lawful parents. It also requires the consent of the child if he or she is above age 12. A father's signature makes the process simple. His refusal means you need to look at whether the law allows the case to go forward without it.

How abandonment fits in. Abandonment is addressed in M.G.L. c. 210 § 3. Massachusetts sets no fixed number of months for abandonment. It depends on the parent's overall conduct, so there is no calendar date after which a father is automatically treated as having abandoned his child. The facts as a whole matter.

Facts worth gathering. If your situation may involve abandonment, it helps to write down and organize:

• When the father last saw your child
• When he last called, wrote or otherwise communicated with your child
• Whether he has provided financial support, and when
• Any efforts he has made, or not made, to stay involved
• Any messages or documents showing his position on the adoption

If the adoptee is an adult. M.G.L. c. 210 § 3 says the consent of the persons named in § 2, other than the person being adopted, is not required when the person to be adopted is 18 or older. The adoptee's own consent is still required. If this applies to you, confirm the details with the clerk.

If he actively objects. If the father is involved in your child's life and fights the adoption, or if the facts about his conduct are disputed, your case is likely to be more complicated. That is a situation where speaking with an attorney about your specific circumstances makes sense. The clerk can also tell you what to expect procedurally.

Where you file. Adoptions are handled by the Probate and Family Court. Massachusetts has no minimum residency period for filing under M.G.L. c. 210 § 1. A typical stepparent adoption takes about 3-6 months, and a contested case may take longer, so ask the clerk about timing in your county.

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 and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we offer a 100% court acceptance guarantee. We have helped 162 Massachusetts families.