Adoptions are a fairly complicated matter and people generally need to retain a lawyer to assist with the adoption process.

Massachusetts is an “Agency State”, which means that a private adoption is not typically allowed. Either the Department of Children and Families (DCF) or another licensed agency needs to be involved and approve the adoption: this is not as complicated as it sounds, but it does mean that there has to be a home study and a lot of other requirements which would generally be done in Probate and Family Court; although, sometimes it can occur in Juvenile Court.

If a child is over the age of 12, he/she has to consent to the adoption and the lawful parents or surviving parents of the child need to consent or need to have a Termination of Parental Rights. This can be complicated if it has not occurred already.

If the child is born out of wedlock, and has not been previously adopted, the mother needs to consent but the consent of the father is not necessarily required. (He needs to at least be legally notified).

There are a variety of documents that are needed for a Petition for the Adoption Affidavit, including: a birth certificate, affidavit disclosing care and custody and surrender forms, etc.