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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.