Massachusetts Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: Ch. 210 § 2- The lawful parents, who may be previous adoptive parents
- A surviving parent
- The mother only, if the child has been born out of wedlock
- The child's spouse
Age When Consent of Adoptee is Considered or Required
Statute: Ch. 210 § 2
- A child 12 years of age or older must consent to the adoption.
When Parental Consent is not Needed
Statute: Ch. 210 § 3
- The child is over age 18 years.
- The court determines that waiver is in the child's best interest.
- The child has been abandoned or subjected to abuse or neglect.
- The parent has been convicted of murder or manslaughter, and the victim was the other parent or a sibling of the child.
- The child has been in foster care for 15 of the latest 22 months.
When Consent Can Be Executed
Statute: Ch. 210 § 2
- Written consent shall be executed no sooner than the 4th day after the birth of the child.
How Consent Must Be Executed
Statute: Ch. 210 § 2
- Consent is executed before a notary public in the presence of 2 competent witnesses.
Revocation of Consent
Statute: Ch. 210 § 2- Consent to adoption, executed according to statutory provision, is final and cannot be revoked.
- Sample surrender and consent forms are found in the statute.
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