Massachusetts Adoption Package for Prospective Parents

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This information package contains summaries of state laws and links to resources to assist a prospective parent with an adoption. Purchase of this package is a savings of more than 50% over purchase of the informational documents individually!



This package contains the following information:



Who May Adopt, Be Adopted, or Place a Child for Adoption? - This briefing reviews state laws regarding parties to an adoption. General information dealing with who may adopt, who may be adopted, and who may place a child for adoption is identified. In order for an adoption to take place, a person available to be adopted must be placed in the home of a person or persons eligible to adopt. All states, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands have laws that specify which persons are eligible as adopting parents and which persons can be adopted.



Standby Guardianship - This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.



Placement of Children With Relatives - This publication summarizes state laws and statutes regarding placement of children with relatives when they are removed from their home and enter foster care. In order for states to receive federal payments for foster care and adoption assistance, federal law requires that they "consider giving preference to an adult relative over a nonrelated caregiver when determining placement for a child, provided that the relative caregiver meets all relevant state child protection standards." Most states give preference or priority to relative placements in their statutes. This publication discusses definitions of "relative," financial support for relative placement, and adoption by relatives.



Court Jurisdiction and Venue for Adoption Petitions - This informational guide provides the laws that specify the appropriate state courts, by type and location, for handling adoption petitions.



Consent to Adoption - This informational guide reviews state laws that specify the persons who must consent to a child's adoption, time frames for consent, and guidelines for revocation of consent.



The Rights of Presumed (Putative) Fathers - This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.



Online Resources for State Child Welfare Law and Policy - This guide provides links to websites where state statutes and regulations can be accessed and lists the parts of each state and territory's code that contain laws addressing child protection, child welfare, and adoption.



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FAQ

The biological father's consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.

Massachusetts is an ?agency state? that requires prospective adoptive parents to work with a licensed adoption agency. Agencies will conduct a home study, help you navigate the adoption process, answer your questions along the way, and help you find the right approach to adoption for your family.

In a stepparent adoption, a stepparent is taking over the legal role of a biological parent. To proceed, the stepparent must file a petition seeking to adopt the child. As long as the biological parent agrees, the court will approve the adoption so long as the parent is eligible to adopt the child.

If the child is married, their spouse must also consent. If the child is under 18, the child's parents must consent, or their legal rights must have been ended by a court.

A finalization hearing legally completes the adoption process. Your social worker or attorney will notify you of the date and time. The proceeding lasts about 10 to 30 minutes. At this hearing, you, the Adoptive Parent(s) are given permanent legal custody of the adopted child.

In order to adopt, 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.) Single people and unmarried couples may also adopt.

Adoption-Friendly States Factors such as shorter waiting periods, lower costs, and fewer restrictions can make these states more appealing to potential adoptive parents. ing to ?Considering Adoption?'s website, some of these states include Louisiana, Nebraska, and Alabama.

Adoption subsidy consists of financial assistance and/or medical assistance after the legalization of the adoption of a child with special needs by certain adopting parents. Financial assistance is intended to aid in the general support of the child with special needs and is paid directly to the adoptive parent(s).

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Massachusetts Adoption Package for Prospective Parents