Massachusetts Relinquishment, Consent, Revocation laws

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:

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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.
  
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.

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