By Damian Turco | Updated October 2026
Adoption creates a permanent legal parent-child relationship. It can be one of the most meaningful ways to build or expand a family. For prospective adoptive parents, understanding how Massachusetts adoption law applies to their circumstances is an important first step.
At Turco Legal, our Massachusetts adoption attorneys help individuals and families navigate the legal process of adoption. Adoption often arises under happier circumstances than many other family law matters. However, the process still requires careful attention to legal requirements. These include eligibility, consent, notice, court filings, and other legal considerations.
Whether you are pursuing a stepparent, relative, foster care, or adult adoption, the legal process can differ significantly. Specific requirements depend on your circumstances. An experienced adoption lawyer can help you understand the requirements that apply to your family. They can also guide you through the process of finalizing the adoption.
What Is Adoption in Massachusetts?
Adoption in Massachusetts is a legal process that creates a permanent parent-child relationship. This relationship exists between the adoptive parent and the person being adopted. Once an adoption is finalized, the adoptive parent assumes the legal rights and responsibilities of parenthood.
Massachusetts adoption is governed primarily by Chapter 210 of the Massachusetts General Laws. An adult age 18 or older may generally petition to adopt another person who is younger than them. However, the person seeking adoption cannot adopt their spouse. Massachusetts law permits the adoption of both children and adults. When a married person petitions to adopt, the petitioner’s spouse generally must also join in the petition. However, certain statutory exceptions may apply.
For someone considering adopting a child, understanding the long-term financial responsibilities is also important. Becoming a legal parent comes with ongoing financial obligations. Adoptive parents can have the same child support obligations as other parents if the parents later separate or divorce. In Massachusetts, child support may continue after age 18. Under qualifying circumstances, support may continue until age 23. This applies when a child remains principally dependent on a parent due to enrollment in an educational program. A court also has discretion to require parents to contribute toward a child’s undergraduate educational expenses.
These responsibilities are not unique to adoption. They are consequences of becoming a legal parent and reflect the permanent nature of the relationship adoption creates. Prospective adoptive parents should understand the legal process of adoption. They should also understand the rights and responsibilities that follow once the adoption becomes final.
Types of Adoption in Massachusetts
Massachusetts recognizes several paths to adoption, each with its own legal requirements. These requirements depend on the relationship between the adoptive parent and the person being adopted. They also depend on how the adoption arises.
Common types of adoption include:
- Stepparent adoption: A stepparent may adopt their spouse’s child, creating a legal parent-child relationship between the stepparent and child. Stepparent adoptions often involve different procedural requirements from other adoptions because one of the child’s legal parents remains a parent after the adoption.
- Relative or kinship adoption: A grandparent, aunt, uncle, adult sibling, or other relative may adopt a child when adoption provides an appropriate permanent family arrangement. Massachusetts law specifically recognizes a different path for certain adoptions by blood relatives.
- Foster care adoption: Children in the care or custody of the Massachusetts Department of Children and Families (DCF) may become available for adoption. These cases frequently involve DCF, foster, or pre-adoptive placement. They may also involve the prior surrender or termination of the birth parents’ parental rights.
- Agency adoption: A child may be placed for adoption through DCF or a licensed adoption agency. Massachusetts regulates the placement of children for adoption. Therefore, prospective parents generally cannot arrange an independent private placement through a direct agreement with a birth parent.
- Adult adoption: Massachusetts allows an adult to adopt another person who is younger than the adoptive parent, provided the person being adopted is not the petitioner’s spouse. Adult adoptions have different consent and procedural considerations from the adoption of a minor.
The appropriate process can vary substantially among these types of adoption. Consent, notice, placement requirements, and DCF or agency involvement depend on the particular circumstances. The need for an investigation or home study also varies by case.
The Adoption Process in Massachusetts
The Massachusetts adoption process generally involves filing a petition with the Probate and Family Court. Applicants must also satisfy applicable consent and notice requirements. The process concludes with a final decree of adoption.
Although the specific requirements depend on the type of adoption, the process generally includes:
- Preparing and filing the petition: The prospective adoptive parent or parents file a petition for adoption in the appropriate division of the Probate and Family Court, together with the documents required for that particular adoption.
- Addressing consent and notice: The required consents or surrenders must be obtained unless the court has already terminated parental rights or has otherwise determined that consent is not required. Notice must also be provided when required by Massachusetts law.
- Completing any required investigation or approval: Depending on the circumstances, DCF or a licensed adoption agency may have a role in the child’s placement or the adoption process. Massachusetts law requires an investigation and written report in certain adoptions of children under age 14. However, statutory exceptions apply, including certain stepparent and relative adoptions.
- Court review: The court reviews the petition and supporting information to determine whether the legal requirements have been satisfied and, when applicable, whether the adoption is in the child’s best interests. If an issue such as parental consent or termination of parental rights is contested, additional proceedings may be necessary. These proceedings may need to occur before the court can finalize the adoption.
- Finalizing the adoption: If the court approves the petition, it enters a decree of adoption establishing the legal parent-child relationship. The court can also approve a change to the adopted person’s name as part of the proceeding.
Massachusetts adoption proceedings are generally private. Court records concerning adoption are not ordinarily open to public inspection. Additionally, courts generally conduct adoption hearings separately from public proceedings. These public proceedings occur in many other types of Massachusetts family law cases.
The amount of time required to complete an adoption varies considerably. A straightforward stepparent or adult adoption may follow a different process than more complex adoption cases. These cases may involve DCF, an agency, contested parental rights, or unresolved consent or notice issues.
Requirements of Adoption: Consent and Notice
Massachusetts adoption law requires certain individuals to provide consent before the court can finalize an adoption. However, not every case requires consent.
Under G.L. c. 210, § 2, written consent is generally required from:
- The person being adopted: A person over age 12 must provide consent to their adoption.
- The person’s spouse: If the person seeking adoption is married, their spouse generally must provide consent.
- The legal parents: The child’s legal parents, including prior adoptive parents when applicable, must generally provide consent unless they surrender their parental rights, the court terminates those rights, or the court waives the consent requirement.
When a parent voluntarily surrenders a newborn for adoption, specific timing requirements apply. The parent cannot execute the surrender before the fourth calendar day after the child’s birth. Massachusetts imposes specific requirements for executing the surrender, and a surrender properly executed under the statute is final and irrevocable.
Not every adoption requires parental consent. For example, a parent may no longer have parental rights due to a prior court order. Alternatively, the Probate and Family Court may dispense with the need for parental consent. The court makes this determination under the standards established by Massachusetts law. These cases can involve significant issues concerning parental fitness and the child’s best interests.
Consent and notice are related but separate requirements. When the adoption petition does not include a required consent, Massachusetts law generally requires notice to the affected person. However, the court may determine that consent and notice are unnecessary. Other people may also have a legal right to notice depending on the circumstances.
Consent and notice requirements can vary considerably depending on the type of adoption. These include stepparent, relative, agency placement, foster child, or adult adoptions. Preparing an adoption case requires identifying whose consent is necessary and who must receive notice.
The Adoption Decree
A decree of adoption is the court order that finalizes the adoption. It establishes the adoptive parent as the legal parent of the adoptee.
Adoption generally creates a new legal parent-child relationship between the child and the adoptive parent or parents. This process may also end the child’s legal relationship with a prior parent. In a stepparent adoption, however, the child remains the legal child of the stepparent’s spouse. The adopting stepparent also becomes the child’s legal parent.
Once the court enters the decree, Massachusetts law generally recognizes the adopted person as the child of the adoptive parent. This legal relationship establishes rights and responsibilities, including inheritance rights and other legal obligations between parent and child. Adoption creates a permanent legal relationship between the adoptive parent and the child. Therefore, prospective adoptive parents should understand its legal consequences before the court finalizes the adoption.
Following the adoption, the court prepares documentation of the adoption. This allows the person to update their birth record in accordance with Massachusetts law. The court may also authorize a change of the adopted person’s name as part of the adoption proceeding.
A court-approved post-adoption contact agreement can allow continued contact or communication between a child and a birth parent. This contact can continue after the adoption. However, such an agreement does not preserve the birth parent’s parental rights. A later breach or modification of the agreement does not invalidate the adoption.
Why Choose Turco Legal for Your Adoption Case in Massachusetts?
An experienced Massachusetts adoption attorney can help you understand the legal requirements that apply to your adoption. They can also guide you through each stage of the court process.
At Turco Legal, our family law attorneys help individuals and families navigate adoption with clear guidance. We carefully address the legal requirements involved. Depending on the circumstances, an adoption may involve consent and notice requirements, DCF or agency involvement, and court filings. The process may also involve parental rights or other legal issues. These matters require attention before the court can finalize the adoption.
We can help you understand the adoption process and prepare and file the necessary court documents. Our team can identify potential issues before they delay the adoption. We can also guide you through each stage of the case until the court enters the final adoption decree.
To learn more about how Massachusetts adoption law applies to your circumstances, schedule a free consultation with our team or call us at (617) 657-4878.
Frequently Asked Questions About Adoption in Massachusetts
How much does it cost to adopt a child in Massachusetts?
The cost of adopting a child in Massachusetts varies significantly depending on the type of adoption and the circumstances involved. There is currently no court filing fee for an adoption petition. However, families may incur costs for legal representation, notice, agency services, home studies, or other requirements. These expenses depend on the circumstances of their particular adoption.
How long does the adoption process take in Massachusetts?
There is no single timeline for completing an adoption in Massachusetts. The length of the process depends on several factors, including the type of adoption and whether required surrenders or consents exist. Other factors include whether the court requires notice or a home study and whether anyone contests the case.
Do you need a lawyer to adopt in Massachusetts?
Massachusetts law does not require prospective adoptive parents to hire an attorney to file an adoption petition. However, the Massachusetts court system strongly recommends working with an attorney. Adoption can involve important requirements concerning consent, notice, and parental rights. Additional requirements may address placement and court procedures.
What are the requirements to adopt in Massachusetts?
The requirements for adoption in Massachusetts depend on the type of adoption and the people involved. Generally, the petitioner must be legally eligible to adopt and file the required court documents. They must also satisfy applicable consent and notice requirements and complete any required investigation or home study. Finally, the petitioner must obtain court approval of the adoption.
What types of adoption are available in Massachusetts?
Massachusetts allows several types of adoption, including stepparent, relative or kinship, foster care, agency, and adult adoption. The procedures and requirements vary depending on the relationship between the adoptive parent and the person they seek to adopt. For child adoptions, the process also depends on how the child enters the adoptive placement.
About the Author: Damian Turco is the Founder and Managing Partner of Turco Legal and has practiced divorce and family law since 2008.
Damian Turco’s Bio Page | More Articles by Damian Turco
This page is for informational purposes only and should not be interpreted as legal advice. The law can change over time, and the information presented reflects the law as of the date this page was last reviewed. If you would like to understand how the law applies to your circumstances, schedule a consultation with a Turco Legal attorney by calling one of our offices or using the Schedule a Consultation link on this page.