Massachusetts law about adoption

Laws, regulations, cases, and web sources on adoption law.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Table of Contents

Best bets

Adopting from DCF, Mass. Department of Children and Families.
"The Department of Children and Families (DCF) cares for children of all ages, from infancy to 18, and from all ethnic and economic backgrounds. Most of the children waiting to be adopted are between 6 and 12 years old. There is no cost to adopt a child."

Adoptions: Family law advocacy for low and moderate income litigants, 3rd ed., Mass. Legal Services, 2018.
This source focuses on the forms to file and how to fill them out.

The court adoption process, Mass. Trial Court.
By understanding the adoption process in the Massachusetts Court system, you will have the tools you need to bring a new member to your family. You can also find out who is eligible to adopt.

Massachusetts laws

MGL c. 18B, § 21 Adoption subsidy program (Department of Developmental Services)

MGL c. 18B, § 22 Adoption and medical assistance for interstate children; interstate compacts

MGL c. 46, § 2B & § 2C Access to birth certificates
Permits adoptees and/or their parents access to birth records. St. 2022, c. 158 removed all restrictions based on year of birth for adoptees, and other authorized persons, seeking the original of a birth record prior to adoption.

MGL c. 119, § 23C Foster parents' bill of rights

MGL c. 190B, § 2-114 Parent and child relationship (for inheritance)

MGL c. 210 Adoption of children and change of names
Massachusetts law allows for the adoption of an adult as well as a child. 

  • MGL c. 210, § 1 Defines who may adopt whom
    • Effective July 7, 2022: A person of full age may petition the probate court in the county where he resides for leave to adopt as his child another person younger than himself, unless such other person is his or her wife or husband. Removes the prohibition to adopt "brother, sister, uncle or aunt, of the whole or half blood."

Massachusetts adoption of children act, St. 1851, c. 324
Credited as "the first modern adoption law, recognizing adoption as a social and legal operation based on child welfare rather than adult interests."

St. 2024, c. 166 An act to ensure legal parentage equality
Ensures that families enjoy the same rights and protections under law without regard to marital status, gender, gender identify or sexual orientation of the parents or the circumstances of the child's birth. This includes whether the child was adopted or born as a result of assisted reproduction or surrogacy.

Massachusetts regulations

110 CMR 7 Services (Department of Children and Families)

606 CMR 5 Standards for the licensure or approval of agencies offering child placement and adoption services (Department of Early Education and Care)

Federal laws

25 USC §§ 1901-1963 The Indian Child Welfare Act of 1978 (ICWA)

42 USC §§ 670-679c The Adoption Assistance and Child Welfare Act of 1980

42 USC § 1996b Interethnic adoption

Forms

Adoption court forms, Mass. Trial Court.
Includes instructions on how to fill out and file the forms. The same forms are used for both adoption of a child or adoption of an adult.

Apply for a pre-adoption birth record, Division of Vital Records.
Eligibility and forms.

Selected cases

Web sources

Adoption, Federal Child Welfare Information Gateway.
Includes information on many aspects of adoption including information for prospective adoptive parents, and sources on foster care adoption, supporting birth parents, search and reunion, and more.

Adoption, U.S. Citizenship and Immigration Services.
"Adopting a child from another country is often a complicated journey, and the information on this site is designed to help you as you move forward." Explains the different processes available to bring your adopted child into the US, with details and links to forms.

The adoption history project, University of Oregon Department of History.
Provides information on the social and historical development of adoption, with links to primary sources.

Adoption questions and answers, GLAD, 2014.
Information for LGBT individuals and couples on "bringing unrelated children into the family or securing the legal relationship of a second parent to the child of his or her partner or spouse."

Get access to historic adoption records, Mass. Trial Court.
Find out which types of historic adoption records are available through the court archives and how to access them.

Intercountry adoption, U.S. State Department.
"Each year, thousands of Americans adopt a child from overseas. The process of adopting a child from another country, however, can be difficult. That's where we come in. This website aims to provide what you need to know about the adoption process."

U.S. citizenship for an adopted child, U.S. Customs and Immigration Services.
Explains how to get a Certificate of Citizenship for your foreign-born adopted child.

Print sources

Adopting in Massachusetts, University of Massachusetts Center for Adoption Research, 2000.
An 84-page publication, this book provides clear information about the entire adoption process.

Adoption and reproductive technology law in Massachusetts, 2nd ed., MCLE, 2018.

Adoption law and practice by Joan Heifetz Hollinger et al., Lexis, 1988, loose-leaf. (eBooks available with library card)
Updated with current supplements. Covers all states.

The adoption law handbook: Practice, resources, and forms for family law professionals, ABA, 2019. (eBook available with library card)

Family law and practice: With forms, 4th edition. (Mass. practice vols. 2 and 3), West Group, 2013 with supplement.
Section 25.5: Adoption of children by domestic partners; Section 85.1: Adoptions in general.

Kindregan's Massachusetts domestic relations rules and statutes annotated: With related federal statutes annotated, West, annual.
Chapter 10.1: Adoption of children.

A legal guide for lesbian and gay couples, 20th ed., by Frederick Hertz, Nolo, 2020. (eBook available with library card)
Chapter 4: Form: Agreement to Jointly Raise Our Child.

LexisNexis practice guide: Massachusetts family law, annual. (2025 eBook available with library card)
Chapter 9: Adoption, sections 9.1-9.18.

Living together: A legal guide for unmarried couples, 17th ed., by Frederick Hertz, Nolo, 2020. (eBook available with library card)
Chapter 7: Starting a family.

Contact   for Massachusetts law about adoption

Last updated: March 11, 2025

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