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.
Massachusetts Adoption Laws: Who May Adopt, Be Adopted, or Place a Child for Adoption? In Massachusetts, adoption is a legal process that allows individuals and families to permanently care for and legally become parents of a child. To ensure the welfare and best interests of the child, the state has established specific laws governing who may adopt, be adopted, or place a child for adoption. Here is a detailed description of these regulations, including different types of potential adoptive parents. Who May Adopt: 1. Married Couples: In Massachusetts, married couples may adopt jointly, regardless of their sexual orientation or gender identity. The state recognizes the importance of providing a loving and stable home for children, irrespective of the parents' marital status. 2. Unmarried Couples: Unmarried couples in a committed relationship can also adopt jointly, as long as they both meet the necessary requirements for adoption. The state acknowledges that a stable and nurturing environment can be provided by couples outside traditional marriage. 3. Single Individuals: Single individuals, regardless of their marital status or sexual orientation, can adopt in Massachusetts. The primary consideration here is the individual's ability to provide a supportive home environment and meet the child's physical, emotional, and financial needs. 4. Stepparents: Stepparent adoption is another type of adoption permitted in Massachusetts. If a stepparent wishes to adopt their spouse's child, they must demonstrate that they can provide a suitable living arrangement and obtain consent from the other biological parent, if their parental rights have not been terminated. Who May Be Adopted: 1. Minors: Minors, children under the age of 18 who are under the custody of Massachusetts Child Welfare Services (CDs), are eligible for adoption. These children may be in foster care or legally free for adoption, meaning their biological parents' rights have been terminated. 2. Adults: While relatively rare, adults can also be adopted in Massachusetts. Generally, adult adoptions occur within families where a person wants to formalize their parent-child relationship or inheritance rights. It could involve reconnecting with birth parents or formalizing a child's relationship with a significant caretaker. Who May Place a Child for Adoption: 1. Birth Parents: Birth parents, whether married or unmarried, have the right to voluntarily place their child for adoption. Massachusetts respects the decision of birth parents and ensures they have access to counseling and information throughout the adoption process. 2. Legal Guardians: In cases where a legal guardian believes that adoption is in the child's best interests, they may initiate the adoption process in collaboration with the relevant adoption agency or the Department of Children and Families (DCF). 3. Massachusetts Child Welfare Services: When the Department of Children and Families (DCF) determines that a child is unable to safely return to their biological parents or existing guardianship, they may pursue adoption as a permanency option. In conclusion, Massachusetts provides a range of opportunities for individuals and families to adopt, be adopted, or place a child for adoption. The state emphasizes the importance of providing nurturing environments for children, regardless of marital status, sexual orientation, or other factors, while ensuring the best interests of the child remain paramount throughout the adoption process.
