Massachusetts Adoption Attorneys

Becoming a parent is one of the most rewarding experiences a person can have. While many individuals have children biologically, others build their families through adoption. Regardless of how the family is formed, the parent-child bond can be equally fulfilling. At our firm, we take great pride in handling adoption cases. These cases stand out as some of the most joyful and meaningful in family law. Unlike many other family law matters that can be fraught with conflict, such as divorce and custody disputes, adoption proceedings often conclude with a sense of happiness and unity, as families grow together. If you are considering adopting a child, understanding the legal process is an essential first step.

What is Adoption?

Adoption in Massachusetts is a legal process in which a court establishes a permanent, legal family relationship between an adult and a child. It can involve an individual or couple taking a child into their home, raising them as their own, and granting them the same rights as a biological child. Once an adoption is legally finalized, the child is considered as much a part of the adoptive family as if they had been born to them.

In Massachusetts, anyone over the age of 18 may petition to adopt someone younger than themselves, although certain restrictions apply. A person cannot adopt their spouse, sibling, or direct relative such as an aunt or uncle. Additionally, minors may file for adoption under specific circumstances, such as when adopting the natural child of their spouse. Adult adoptions are also recognized in Massachusetts, and out-of-state residents may adopt children living within the state.

Before pursuing adoption, it’s important to reflect on the long-term commitment involved in raising a child. Adoption carries responsibilities, including potential child support obligations, which may extend until the child reaches the age of 23, especially if you and your spouse divorce. You may also be required to contribute to or fully support the child’s higher education costs. These obligations are a natural part of the adoption process, and understanding them is crucial. Considering these factors thoughtfully will help you make an informed decision. To assist with this, scheduling a consultation with an experienced Massachusetts adoption attorney can provide valuable guidance at no cost.

The Adoption Process

Once you’ve made the decision to pursue adoption, the process begins by filing a petition for adoption, preferably with the assistance of a skilled attorney. The petition will outline the petitioner’s ability to raise and support the child, as well as provide for their education and well-being.

For children under the age of 14 who are not being adopted by a biological or step-parent, or someone designated as guardian by the child’s natural parent, the Massachusetts Department of Children and Families (DCF) must be involved.

The court will consider various factors when deciding whether to approve an adoption. These factors include the child’s need for loving, stable parents, as well as their overall physical, emotional, and moral well-being. Given the complexity of these matters, having a family law lawyer can be particularly beneficial.

Adoption hearings are generally confidential, in contrast to other family law matters that may be open to the public. In most cases, the courtroom will be cleared of any individuals not directly involved in the adoption process.

Requirements of Adoption: Consent and Notice

Under Massachusetts law, certain individuals must provide written consent before an adoption can proceed:

• the child to be adopted, if older than twelve;
• the child’s spouse, if any;
• the lawful parents (biological or previous adoptive parents, or surviving parent);
• and the mother, if the child was born out of wedlock and was not previously adopted.

Consent may be given no earlier than four days after the child’s birth. In certain cases, the court may waive the need for consent, particularly if the child is over the age of 18 or if the court determines that waiving consent is in the child’s best interest.

The Adoption Decree

If the court approves the adoption, it will issue a decree of adoption, which legally terminates the parental rights and responsibilities of the child’s biological or prior adoptive parents. The decree also establishes the adoptive parent(s) as the child’s legal parents. This decree is final and irrevocable, which is an important point to consider. We recommend discussing this aspect in detail with a lawyer before proceeding.

Along with the decree of adoption, the court will issue a certificate of adoption. If requested, the court may also authorize a legal name change for the adopted child.

Why Choose Turco Legal for Your Adoption Case in Massachusetts?

While many legal matters do not necessarily require the assistance of an attorney, the adoption process is different. The complexity of the legal requirements and the desire for a smooth, swift process make the guidance of an experienced Massachusetts adoption attorney invaluable. Having an attorney who is familiar with the adoption process can help you navigate potential challenges and ensure that your case proceeds as efficiently as possible.

To learn more about how the law applies to your specific situation, we invite you to schedule a free consultation with our office. You can reach us at (866) 995-6663 to begin the conversation.