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Massachusetts

Who Must Consent:

• The lawful parents, who may be previous adoptive parents.
• A surviving parent.
• The mother only if the child has been born out of wedlock.

Consent of Adoptee:
A child 12 years or older must consent to the adoption.

When Parental Consent is Not Needed:

• The child is over 18.
• The court determines that waiver is in 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.
• The child has been in foster care for 15 of the latest 22 months.

When Relinquishment Can Be Signed:
Written consent shall be executed no sooner than the 4th day after the birth of the child.

How Relinquishment Must Be Signed:
Consent is executed before a notary public in the presence of 2 competent witnesses.

Time for Revocation:

• Consent to adoption, executed according to statutory provision, is final and cannot be revoked.
• Sample surrender and consent forms are found in the statute.

• Glossary of Terms
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents

Relinquishment Summaries by State: Index

Source: National Adoption Information Clearinghouse. Reprinted with permission.

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