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Massachusetts Adoption



Who Must Consent to a Massachusetts Adoption?

Written consent to a Massachusetts adoption is required from the following parties: 
• The lawful parents
• The child’s surviving parent (if present)
• The mother if the child is born out of wedlock
• The child’s spouse (if applicable)

Who May be Adopted in Massachusetts?

Any person younger than the adopting party may be adopted in Massachusetts. Consent is required for children 12 years and older. Consent of the child is not needed if the Massachusetts court finds that the adoption is in the best interest of the child because of parental unfitness. 

A court may declare parents as unfit based on any of the following:

• MA Adoption Laws: A Massachusetts adoption will be granted without consent of the adopted party if the child is abandoned

• MA Adoption Laws: A Massachusetts adoption will be granted without consent of the adopted party if the child has been neglected or abused

• MA Adoption Laws: The child is currently in an out-of-home placement organization for at least 6 months and the parents do not maintain meaningful or significant with the child

• MA Adoption Laws: A Massachusetts adoption will be granted without consent of the adopted party if the child is 4 years of age or older and in the custody of the department for at least one year of the last 15 months and cannot be returned home

• A Massachusetts adoption will be granted without consent of the adopted party if the child is younger than 4, in the custody of the state department for at least half of the last year and cannot be returned to their home

• MA Adoption Laws: The birth parent has made no effort to alleviate the problem that created a risk of harm to the child

• MA Adoption Laws: The birth parent suffers from a condition, such as a drug or alcohol addiction or mental illness, which makes the parent ill-equipped with regards to providing the minimally acceptable care of the youth.

• MA Adoption Laws: The parent is convicted of a felony and the subsequent punishment will deprive the child of a stable home for a significant period of time

• MA Adoption Laws: There is a prior pattern of parental misconduct or neglect or a felony assault that results in bodily injury to the youth and a likelihood of future harm to the youth based on prior patterns of assault

What Birthparent Expenses can be paid Under a Massachusetts Adoption and in what Time Period?

In a Massachusetts adoption, medical, counseling, legal and related transportation can be paid for. According to Massachusetts adoption, up to $980 per month can be attributed to lodging, utilities, food and clothing. Moreover, up to $500 can be delivered to vocational, recreational, educational and religious services. Payments must be delivered to the state’s Social Services and Probate agency. 

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