Adoption Lawyer Massachusetts Boston Parents Written Consent
Commonwealth v. Atoll
Respondent natural parents challenged an order of the Probate Court, (Massachusetts), which granted an adoption petition filed by petitioner adoptive parents. The state public welfare department had filed a report disapproving of the proposed adoption. The natural mother had initially given her written consent to the adoption.
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The Massachusetts Court made the following holding:
- Mass. Gen. Laws ch. 210, § 2 reads: A decree for adoption shall not be made, except as hereinafter provided, without the written consent of the child, if above the age of 12; of the lawful parents or surviving parent; of the mother only of the child, if illegitimate provided, that such written consent shall be dated and, if relating to a child under 1 year of age, shall be attested before a notary public. Illegitimacy shall in no case be expressly averred upon the record. Mass. Gen. Laws ch. 210, § 2A(E) reads: No decree of adoption shall be entered for the adoption of a child below the age of 14 until one of the following conditions has been met: The petition for adoption has been approved in writing by the department of public welfare. Any petitioner aggrieved by the refusal of the department to approve such petition after being requested to do so, may appeal such refusal to the probate court, which court shall make final determination as to the allowance or dismissal of the petition. Mass. Gen. Laws ch.119, § 6 reads in part: No person other than a parent shall place any child under 16 years of age of whom he is not the legal guardian in the care or control of any other person not related to such child by blood or marriage for purposes of giving such child a home, or for board, or for adoption.
- Where the placement of a child for adoption is by both natural parents, the provisions of Mass. Gen. Laws ch.119, § 6, are satisfied.
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These summaries are provided by the Gilmore & Sris Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The Original opinions should be consulted for their authoritative content.