Adoption after father's death

[jakesmommy]

My son's father and I were divorced several years ago and I have been engaged to what was originally supposed to be my son's stepfather for almost a year. However, my former spouse passed away this past June and now my future husband and I would like for him to adopt my son.

I have 2 questions:
1.) Do we need to be married BEFORE the adoption?
2.) Do we need a lawyer or is this something we can handle ourselves?

Thanks for your help!

[jakesmommy]

I forgot to say that we live in MA

[nextwife]

Massachusetts Adoption Statute Summary

Massachusetts General Laws Chapter 210, Sections 1 to 11A (1998)

Who Can Adopt?
Any adult can adopt a person younger than him or herself, unless the adoptee is his or her spouse, or sibling, uncle or aunt, of whole or half blood. A minor may adopt the child of the minor's spouse. A husband and wife shall adopt jointly.

Who Can Be Adopted?
Any person who is younger than the adoptive parent can be adopted, unless the adoptee is a spouse, sibling, or uncle or aunt of whole or half blood.

Consent to Adoption

The following persons must give written consent to the adoption:
1. the adoptee's parents;
2. only the adoptee's mother if the child was born out of wedlock;
3. the adoptee, if over 12 years of age; and
4. the adoptee's spouse.
Written consent must occur later than 4 days after the adoptee is born.
Consent is not required if:
1. the adoptee is 18 years of age or older;
2. the court finds that it is in the best interests of the child upon considering the ability, capacity, fitness, and readiness of the child's parents to take parental responsibility and of the adoptive parents to take this responsibility;
3. the adoptee has been in the care of a licensed child-placing agency for more than 1 year, and there is then a presumption that the child's best interests will be served by granting the adoption and waiving required consents; or
4. notice has been sent and the person has not objected within a given period of time.
A person who desires to assert that he is the adoptee's father may petition the court for custody, unless his consent has been waived, or for any of the.above-mentioned reasons is not needed. The court will allow the person claiming paternity to take custody if it is in the child's best interest and if it finds that such person is the father of the child.

Putative Father's Rights
Notice must be sent to any man who has filed with the Department of Social Services a declaration seeking to assert parental rights or has been adjudicated he father, unless consent is not required as indicated under the general consent provision. The father may then petition for adoption or custody and will be considered based on the best interests of the child. The original declaration must be filed prior to final surrender of the child or termination of parental rights.

Confidentiality
All adoption records are kept confidential and can only be inspected upon a court order. Nonidentifying information about the adoptee's biological parents may be disclosed to either the adoptive parent or the adoptee who is 18 years of age. Nonidentifying information may also be released to the biological parent about the adoptee.

If the biological parent has given consent to the release of identifying information and if the adoptee or the adoptive parents (if the adoptee is under 21) have given consent to such release, then this information will be disseminated to both parties.

Permissible Fees
Any person, who is not an authorized agent or an employee of the Department of Social Services or other licensed placement agency, who accepts monetary or any other form of payment for placing a child for adoption shall be punished by a fine between $5,000 and $30,000 or by imprisonment.

Place of Adoption Hearing
The hearing may take place where the adoptive parents or adoptee lives.

Authority To Place Child
The Department of Social Services or an agency authorized by the Department may place a child for adoption.

Relative Adoption
A licensed child-placing agency does not have to place the child if the child will be adopted by a blood relative or stepparent.

Special Circumstances
If the parents of the adoptee request a religious designation for the child, the court will only place the adoptee with a person of that religion, unless it would not be in the best interests of the child.

[url]http://www.adoptionsolutions.com/general/state%20laws/ma_law.htm[/url]

[milspecgirl]

most adoptions require you to be married a year