ADOPTION & GUARDIANSHIP IN MASSACHUSETTS

How to Adopt or get Guardianship in Massachusetts

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Adoption in Massachusetts

Who can adopt?

In order to adopt in the state of Massachusetts, you must be at least 18 years old. You or the child must be a resident of Massachusetts. If you’re married, both spouses must be a part of the adoption (except in very rare circumstances.) If you are single or an unmarried couple, you may also adopt.

Who can be adopted?

You can adopt anyone who is younger than you are, as long as they aren’t your spouse, sibling, uncle, or aunt.

If you want to adopt a child under 14, they must have lived with you for at least 6 months. Certain circumstances can be granted a waiver.

In Massachusetts, private adoptions between the birth mother and potential adoptive parents is not allowed. Instead, the adoption needs to meet one of these conditions:

  • The child has been placed with you through the Department of Children and Families (DCF) or a licensed adoption agency.
  • The child is your blood relative.
  • The child is your step-child.
  • You were nominated in the will of the child’s dead parent to be the child’s guardian or adoptive parent.
  • DCF or an agency they authorize has approved the adoption petition in writing.

The adoption process can be lengthy

How long the process will take varies, and depends on issues such as whether surrenders are filed, notice needs to be given, or a home study needs to be completed.

NEXT STEPS

Petition

As your attorney, I will petition the court, order the court activity record, and process the affidavit of care. If you are married, you will be required to provide me with a copy of your marriage certificate. If you are divorced, I will need a copy of your divorce judgement. Depending on if the child(ren)'s parent or parents have surrendered their rights, I will file the proper surrender forms. In addition to these filings, you will be required to respond to a Federal Central Registers of Missing Children search request and send the request to the Department of Children and Families to verify the child(ren) you intend to adopt has not been reported missing.

Home Study

Once we have filed all the proper documentation, a home study will be conducted. The home study can be conducted by the Department of Children and Families or an adoption agency. They will then file a written report of their finding with the court. 

Hearing

You’ll have a hearing before a judge who will consider your petition for adoption. The judge considers “the need of the child for loving and responsible parental care and all factors relevant to the physical, mental and moral health of the child.” If the judge allows the adoption, the judge may also approve a name change if requested.

Please Note: The judge may also order visitation between a child and their biological parent after the adoption is complete, if doing so is in the best interest of the child and also respects the adoptive parents’ interests. The judge may also order visitation between a child and their biological siblings after the adoption.

Guardianship in Massachusetts

A guardian is a person chosen to make all decisions for a child or incapacitated person, just like a parent would. You can request to be appointed as a guardian if:

  • You're caring for a child and need to make more than just educational and medical decisions for them
  • The child’s parents are unable or unavailable to care for them or have been deemed unfit by the court
  • An incapacitated person who has a clinically diagnosed condition that leaves them unable to make or communicate decisions affecting their physical health, safety, or self-care.

The guardianship process 

How long the process will take varies, and depends on issues such as whether surrenders are filed, notice needs to be given, or a home study needs to be completed.

NEXT STEPS

Petition

As your attorney, I will petition the court for appointment of guardianship. I will then provide notice to all interested parties, such as parents, any current guardian, and or the Department of Children and Families.

Hearing

You’ll have a hearing before a judge who will consider your petition for guardianship. 
At this court hearing, the court will determine if:

  • The person seeking appointment is qualified
  • The case is in the right court
  • The required notices have been given
  • The basic conditions for an appointment have been met
  • The requested appointment provides for the welfare and best interest of the child
The court makes the appointment on a court form called Decree and Order of Appointment of Guardian, and issues a letter of appointment. If the court isn't able to make a final determination at this hearing, a temporary decree of guardianship may be granted, and another court date will be scheduled.
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