By Damian Turco | Updated October 2026
Adoption creates a permanent legal parent-child relationship and 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. While adoption often arises under happier circumstances than many other family law matters, the process still requires careful attention to eligibility, consent, notice, court filings, and other legal requirements.
Whether you are pursuing a stepparent, relative, foster care, or adult adoption, the legal process can differ significantly depending on your circumstances. An experienced adoption lawyer can help you understand the requirements that apply to your family and guide you through the process toward finalizing the adoption.
What Is Adoption in Massachusetts?
Adoption in Massachusetts is a legal process that creates a permanent parent-child relationship 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, provided the person being adopted is not the petitioner’s 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, subject to certain statutory exceptions.
For someone considering adopting a child, it is also important to understand the long-term financial responsibilities that come with becoming a legal parent. 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 and, in qualifying circumstances, may continue until age 23 for a child who 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 both the legal process of adoption and the rights and responsibilities that will follow once the adoption is finalized.
Types of Adoption in Massachusetts
Massachusetts recognizes several paths to adoption, and the legal requirements depend on the relationship between the adoptive parent and the person being adopted and 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, and 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, so prospective parents generally cannot create an independent private placement simply by reaching an agreement directly 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, DCF or agency involvement, and the need for an investigation or home study depend on the particular circumstances.
The Adoption Process in Massachusetts
The Massachusetts adoption process generally involves filing a petition with the Probate and Family Court, satisfying applicable consent and notice requirements, and obtaining 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, subject to statutory exceptions, 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 before the adoption can be finalized.
- 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, and adoption hearings are generally conducted separately from the public proceedings that 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 proceed differently from an adoption involving DCF, an agency, contested parental rights, or unresolved consent or notice issues.
Requirements of Adoption: Consent and Notice
Massachusetts adoption law requires consent from certain people before an adoption can be finalized, although consent may not be required in every case.
Under G.L. c. 210, § 2, written consent is generally required from:
- The person being adopted: Consent is required if the person being adopted is over age 12.
- The person’s spouse: If the person being adopted is married, their spouse generally must consent.
- The legal parents: The consent of the child’s legal parents, including prior adoptive parents when applicable, is generally required unless parental rights have been surrendered, terminated, or the court has otherwise dispensed with the need for consent.
When a parent voluntarily surrenders a newborn for adoption, the surrender cannot be executed sooner than 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.
Parental consent is not required in every adoption. For example, a parent’s rights may already have been terminated, or the Probate and Family Court may dispense with the need for parental consent 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 a required consent has not been submitted with the adoption petition, Massachusetts law generally requires notice to the affected person unless the court has determined that consent and notice are unnecessary. Other people may also have a legal right to notice depending on the circumstances.
The consent and notice requirements can vary considerably depending on whether the adoption involves a stepparent, relative, agency placement, foster child, or adult. Identifying whose consent is required and who must receive notice is therefore an important part of preparing an adoption case.
The Adoption Decree
A decree of adoption is the court order that finalizes the adoption and establishes the adoptive parent as the legal parent of the person being adopted.
For the adoption of a child, adoption generally creates a new legal parent-child relationship between the child and the adoptive parent or parents and may end the legal relationship with a prior parent. In a stepparent adoption, however, the child remains the legal child of the stepparent’s spouse, and the adopting stepparent also becomes the child’s legal parent..
Once the decree is entered, the adopted person is generally treated under Massachusetts law as the child of the adoptive parent for purposes such as inheritance and other legal rights and responsibilities of the parent-child relationship. Adoption is intended to create a permanent legal relationship, which is why prospective adoptive parents should understand its consequences before the adoption is finalized.
Following the adoption, the court prepares documentation of the adoption so that the person’s birth record can be updated as provided by 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 after the adoption. Such an agreement does not preserve the birth parent’s parental rights, and 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 and 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 and careful attention to the legal requirements involved. Depending on the circumstances, an adoption may involve consent and notice requirements, DCF or agency involvement, court filings, parental rights, or other issues that must be addressed before the adoption can be finalized.
We can help you understand the process, prepare and file the necessary court documents, identify potential issues before they delay the adoption, and guide you through the case through the entry of 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, but families may incur costs for legal representation, notice, agency services, home studies, or other requirements that apply to 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 factors such as the type of adoption, whether required surrenders or consents have been obtained, whether notice must be given, whether a home study is required, and whether any part of the case is contested.
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 because adoption can involve important requirements concerning consent, notice, parental rights, placement, and court procedure.
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, file the required court documents, satisfy applicable consent and notice requirements, complete any required investigation or home study, and 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 differ depending on the relationship between the adoptive parent and the person being adopted and, for a child, how the child is being placed for adoption.
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.