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massachusetts adoption Laws

Each state maintains its own adoption policies, so the process can vary considerably for families, from state to state. Learn all about the legal guidelines for families adopting in Massachusetts, whether you’re adopting a newborn through domestic, private adoption, an infant or older child from U.S. foster care adoption, or an infant, toddler, or older child through international adoption. Find answers to the most common questions about Massachusetts adoptions, as well as related articles from the AF archives.

Ready to find a Massachusetts adoption agency, adoption lawyer, or adoption doctor? Return to the main Massachusetts Adoptions page.


WHO CAN ADOPT?
A single or married couple jointly, unless the court grants petition that excuses one spouse. A minor may adopt with his or her spouse if adopting the biological child of either spouse.


DOMESTIC ADOPTION
Can adoptive parents advertise for birthparents?
No.

Can out-of-state residents finalize an adoption?
Yes, if child is a state resident and probate court permits it.

Can adopting parents use an adoption facilitator or another paid intermediary?
Yes, only a licensed or approved placement agency may act as an adoption facilitator.

What birthparent expenses may be paid, and in what time period?
Medical, legal, counseling, plus their related transportation. Living allowed when birthmother unable to pay due to pregnancy. Up to $980.mo. in lodging, food, utilities, and clothing. Up to $500/mo. in educational, vocational, recreational, religious services. Payments must be made through agency. Up to 2 round-trip airfares for birthparent to in-state agency for adoption services. Payments must be made directly to third party. Contingent payments prohibited. Max. 8 mos., with 6 mos. Prebirth max.

Is there a putative father registry?
Yes, but court demands notice to father regardless.

When can consent to adoption be granted?
Four days after birth.

When does consent become irrevocable? If consent is revoked, is return to birthparent automatic?
When consent is signed. Return is not automatic.

Are post-adoption contact agreements legally enforceable?
Yes, as long as the agreement is in writing and approved by the court. An agreement will cease to be enforceable when the adopted person turns 18 years old.


INTERNATIONAL ADOPTION
Is a foreign adoption decree automatically recognized by the state?
Yes, if the decree is by a court following due process of law, the state will recognize the adopted child’s succession to property rights.

Can parents readopt in this state? Is it mandatory?
Not addressed in state statutes.

When will a U.S. birth certificate be issued?
The state will accept an original birth certificate, or other written evidence of birth, and a certified copy of the adoption decree by the adopting parent (only if MA resident) of a child born outside of the U.S. These documents will serve as evidence establishing the birth or adoption of the child once they are filed by the town clerk.


ADOPTION FROM FOSTER CARE
Are adoption subsidies available? When do they start and how long do they last?
Yes, adoption subsidies are available for a special needs child as defined by one of the following: member of an ethnic or cultural minority, member of a sibling group of 3 or more, member of a sibling group of 2 if one child is 8 years or older, has or is at risk for developing a mental, emotional, physical, behavioral or medical condition as diagnosed by a licensed professional. Child must be in the custody of and the adoption must be sponsored by the Dept. of Children and Families. Starts upon finalization.

Where can I learn more about the process of adopting a child from foster care in Massachusetts?
Adopting from Foster Care


MASSACHUSETTS ADOPTION UNIT
24 Farnsworth Street
Boston, MA 2210
(617) 748-2267
Leo.farley@state.ma.us       
Adopting from Foster Care

 


Compiled in April 2011.


Disclaimer: The state laws and policies outlined above are offered to readers only for general information and do not constitute legal advice. Furthermore, the state laws were accurate at the time of compilation, but Adoptive Families cannot guarantee that there have been no subsequent changes or revisions to the laws. Please do not rely on the information above without first consulting an adoption attorney licensed in your state.

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