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How does the adoption process work in Massachusetts?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Massachusetts adoptions are filed in the Probate and Family Court under General Laws Chapter 210.

1. Types of Adoption

  • Agency adoption (M.G.L. c. 210 § 2) through a licensed Massachusetts agency.
  • Private/identified adoption through licensed agency facilitation.
  • Step-parent adoption (c. 210 § 1A).
  • Adult adoption (c. 210 § 1).
  • Second-parent adoption (recognized since Adoption of Tammy, 416 Mass. 205).

    • 2. Petitioner Eligibility

    Under M.G.L. c. 210 § 1, any person of full age may petition, except a person cannot adopt his or her own spouse. A spouse must join unless living separately. There is no fixed residency, but the court must have proper venue.

    3. Consent Requirements

    Under M.G.L. c. 210 § 2, a birth parent's surrender of parental rights cannot be signed earlier than the fourth calendar day after the child's birth. Once executed before a notary and two witnesses, the surrender is irrevocable absent fraud or duress. Massachusetts does not provide a statutory cooling-off period.

    4. Home Study

    A pre-adoption home study under 102 CMR 5.00 is required and must be conducted by a Massachusetts-licensed adoption agency. Step-parent adoptions are exempt unless the court orders one. A post-placement supervision report is also required.

    5. Termination of Parental Rights (TPR)

    Voluntary via surrender. Involuntary TPR under M.G.L. c. 210 § 3 for parental unfitness based on factors including neglect, abandonment, abuse, or incapacity. Interstate placements require ICPC under M.G.L. c. 119 App. § 2-1. ICWA (25 U.S.C. § 1901) applies to children of federally recognized tribes.

    6. Finalization Hearing

    The Probate and Family Court holds a final hearing typically 6 months after the petition is filed (102 CMR 5.10). The court enters the Decree of Adoption, and the Registry of Vital Records issues a new birth certificate (M.G.L. c. 46 § 13).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Surrender challenged as fraudulent or coerced
    • Contested unfitness TPR under c. 210 § 3
    • Putative-father identification and notice issues
    Related Statutes & Laws
    • M.G.L. c. 210
    • M.G.L. c. 210 § 2
    • M.G.L. c. 210 § 3
    • M.G.L. c. 119 App. § 2-1 (ICPC)
    • 25 U.S.C. § 1901 (ICWA)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.