What is an abandonment affidavit for adoption in Massachusetts?

An abandonment affidavit in Massachusetts is a sworn written statement describing how the other biological parent has been absent from your child's life, and it is used when that parent has not agreed to the stepparent adoption. It gives the Probate and Family Court the facts in your own words, in a form the judge can review.

Why Massachusetts is different: Massachusetts sets no fixed number of months for abandonment. Under M.G.L. c. 210 § 3, abandonment depends on the parent's overall conduct. Your affidavit should therefore give the whole picture rather than just a count of months without contact.

What a strong affidavit usually covers:

• The date and circumstances of the last contact between the parent and your child
• What the parent has done since then: visits, calls, cards, messages, or none at all
• Whether the parent has provided financial support or gifts
• Any efforts you or your spouse made to keep the parent involved
• Anything else that shows the parent's overall pattern of conduct

Be specific, factual, and honest. Dates, examples, and details are more useful than general statements like "he was never around."

How it fits with consent: M.G.L. c. 210 § 2 calls for the written consent of the child's lawful parents, and of the child if they are above age 12. When the other parent will not or cannot give consent, the affidavit is one way to present the facts about their absence. Whether a judge finds abandonment in your case is up to the Probate and Family Court. Contested situations, and cases where the other parent's identity or whereabouts are unknown, depend heavily on the facts. For those, talk to an attorney or the court clerk about your specific circumstances.

Other Massachusetts points that may matter to you:

• There is no minimum residency period under M.G.L. c. 210 § 1.
• The data lists the home study under M.G.L. c. 210 § 5A as waived for stepparent adoptions.
• Stepparent adoptions typically take 3-6 months.
• The Probate and Family Court sits in each of Massachusetts's 14 counties, and the clerk in your county can confirm local filing fees, notarization requirements, and how the court wants the affidavit formatted and filed.

Who writes it: Usually the parent who has had custody of the child, your spouse, describes the other parent's absence because they have firsthand knowledge. You may be able to add your own statement about what you have seen. The court clerk can confirm exactly who should sign and how.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online about the other parent's absence, and we prepare the complete court document package for your county, including the abandonment affidavit. You file it yourself without an attorney. The price is $349 for the first child, with $99 for each additional child. Court-ready documents arrive 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.