Section 2. A decree of adoption shall not be made, except as provided in this chapter, without the written consent of the child to be adopted, if above the age of twelve; of the child's spouse, if any; of the lawful parents, who may be previous adoptive parents, or surviving parent; or of the mother only if the child was born out of wedlock and not previously adopted. A person whose consent is hereby required shall not be prevented from being the adoptive parent.
Such written consent shall be executed no sooner than the fourth calendar day after the date of birth of the child to be adopted. It shall be attested and subscribed before a notary public in the presence of two competent witnesses, one of whom shall be selected by said person. The agency or person receiving custody shall act as guardian of the child until such time as a court of competent jurisdiction appoints a guardian or grants a petition for adoption. Execution of such consent shall be carried out in a manner which shall preserve privacy and confidentiality. A copy of said consent shall be filed with the department of children and families. A consent executed in accordance with the provisions of this section shall be final and irrevocable from date of execution.
The form of such consent shall be as follows:—
I, as the (relationship) of (name of child), age , of the sex, born in (place of birth), on (date of birth), do hereby voluntarily and unconditionally surrender (child) to the care and custody of (agency or person receiving custody) for the purpose of adoption or such other disposition as may be made by a court of competent jurisdiction. I waive notice of any legal proceeding affecting the custody, guardianship, adoption or other disposition of (child).
I UNDERSTAND THAT THIS SURRENDER IS FINAL AND CANNOT BE REVOKED.
/s/ (person giving consent)
On this day of (insert year), before me personally came and appeared and in my presence duly executed the foregoing instrument, and (he, she) acknowledged to me that (he, she) executed the same as (his, her) free act and deed, fully cognizant of its irrevocability.
Date
State of
Notary Public
County of
Signed by (name of person giving consent) as (his, her) freely executed consent in the presence of each of us, and of each other, who thereafter have hereunto signed our names as witnesses.
/s/
Address
/s/
Address
Any surrender given outside of the commonwealth shall be valid for the purpose of this section if it was taken in accordance with laws of the state or the country where it was executed.
If an agency or person receiving a child born out of wedlock for purposes of a subsequent adoption receives from the child's mother an executed consent form as prescribed by this chapter, and no person has acknowledged paternity of the child in accordance with chapter two hundred and nine C or has been adjudicated the father of the child by any court of competent jurisdiction, then the person or agency shall request that the mother voluntarily provide a sworn written statement, executed before a notary and in the presence of two competent witnesses, one of whom shall be selected by the mother, that identifies the child's father and his current or last known address. Any such statement shall be used solely for the purpose of notifying the person named as the father of the status of the child.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title III - Domestic Relations
Chapter 210 - Adoption of Children and Change of Names
Section 1 - Nature of Adoption; District or Juvenile Court
Section 2 - Written Consent of Certain Persons; Form of Consent; Identification of Father
Section 2a - Decree of Adoption; Entry; Conditions Precedent
Section 2b - Adoption Decrees; Mandatory Language
Section 3 - Dispensing With Required Consent in Certain Cases
Section 3b - Registration of Interest for Pre-Adoptive or Adoptive Placement; Criminal Record Review
Section 4a - Fathers of Children Born Out of Wedlock; Adoption Rights
Section 5 - Failure to Object After Notice; Proceedings
Section 5a - Children Under Fourteen; Adoption; Regulations; Removals
Section 5b - Adoptive Custody; Factors Considered; Request for Religious Designation
Section 5c - Inspection of Pleadings, Reports, etc.; Docket Book
Section 5d - Release of Information Concerning Adoption
Section 5e - Department of Children and Families Adoption Report
Section 6 - Decree of Court; Force and Effect; Private Hearings
Section 6a - Certificates of Adoption
Section 6b - Adoption Nunc Pro Tunc
Section 6c - Agreement for Post-Adoption Contact or Communication
Section 6d - Enforcement of Agreement
Section 6e - Decisions of Adoptive Parent on Behalf of Child
Section 9 - Succession to Property; Right of Child Adopted in Foreign State
Section 10 - Second Adoption; Effect
Section 11a - Adoption Services Offered by Certain Persons or Agencies; Penalty
Section 12 - Petitions for Change of Name
Section 13 - Notice and Certificate; Decree; Entry; Conditions Precedent