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The 5 Massachusetts Adoption Laws You Need to Know
Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Massachusetts adoption laws you need to know about when considering this for your family.
Top 5 Massachusetts Adoption Laws
Birth Father's Legal Rights
Does my baby's father have to agree to the adoption in Massachusetts?
Consent is required of both lawful parents, but only the mother if the child is born out of wedlock. If no father has established paternity, the father’s information will be requested for the purpose of notifying him about the status of the child. Parental consent is not needed if:
- The parent is found to be unfit
- The child has been abandoned by the parent
- The child has been abused by the parent
- The child has been out of the custody of the parent,
- The parent fails to provide for the child
- The parent has not visited the child
- The parent has been convicted of certain crimes; or
- The parent has shown a pattern of past neglect.
Mass. Gen. Laws. 210, § 3 (2020)
Massachusetts does not have a putative father registry, but a voluntary acknowledgement of paternity may be made.
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Expectant/Birth Mother Living Expenses
Separate Legal Representation
Will I be offered my own Massachusetts adoption lawyer?
This issue is not addressed under Massachusetts law, but you still need to make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.
Open Adoption
How does Open Adoption work in Massachusetts?
A postadoption contact agreement may be executed and must be in writing. Failure to comply with the agreement will not change the validity of the adoption, but the parties have a right to seek enforcement to the agreement. The court will approve the agreement if it has been entered into voluntarily, as evidenced by an affidavit, is in the best interest of the child, and contains fair and reasonable terms. The court may allow a modification in the agreement if it is in the best interest of the child and there has been a material and substantial change in circumstances, but it may not increase the amount of time spent with the birth parents or the increase the obligations of the adoptive parents.
Mass. Gen. Laws. 210, §§ 6C, 6D (2020)
Click here for a map showing which states enforce open adoption agreements.
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How does Consent to Adoption work in Massachusetts?
How does the legal process for adoption work in Massachusetts?
Consent can be given four days after the birth of the child and must be executed in a notary public, in the presence of two witnesses.
Mass. Gen. Laws. 210, §§ 2, 3 (2020)
How long will I have to change my mind about adoption in Massachusetts?
Consent is irrevocable.
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