Does the other parent still owe child support after a Massachusetts stepparent adoption?

Going forward, no. Under G.L. c. 210, s. 6, the decree ends the rights, duties and other legal consequences of the relationship between the child and the parent whose rights end, except as to succession to property, and creates them between the child and the stepparent. Whether unpaid support that built up before the decree can still be collected is a separate question to raise with the court or a family law attorney.

Can a child adopted by a stepparent in Massachusetts still inherit from the other birth parent?

Yes. Under G.L. c. 190B, s. 2-114(b), a child adopted by a stepparent who is the spouse of the custodial parent becomes part of the stepparent's family for inheritance and stays part of both birth parents' families. The noncustodial birth parent and that parent's family lose the right to inherit from or through the child.

Does the parent married to the stepparent have to join the Massachusetts petition?

Yes. G.L. c. 210, s. 1 says a petitioner's living spouse who is competent to join the petition shall join it, and after the adoption the child is the child of both. Section 2 also says a person whose consent is required is not prevented from being an adoptive parent, so the custodial parent signs CJP 87 as a co-petitioner.

What does a stepparent adoption cost in Massachusetts and how long does it take?

The Probate and Family Court charges no filing fee for an adoption. You pay the sheriff or constable for serving notice, and certified birth certificates and decree copies carry their own fees. The court's guide says timing varies with whether surrenders are filed, notice must be given, or a home study is needed, and suggests asking the adoption clerk for a timeline when you file.

What if the other parent cannot be found in a Massachusetts stepparent adoption?

Under G.L. c. 210, s. 4, if a parent who has not consented is not found within Massachusetts, the court can order notice by publication once in each of three successive weeks, the last at least seven days before the hearing. Publishing notice does not by itself remove the consent requirement. The court must still dispense with consent under s. 3(a)(ii), on a petition by a person having the care or custody of the child, by finding the adoption is in the child's best interests under s. 3(c).

Stepparent Adoption in Massachusetts

Reviewed by DocDraft Legal Team - Massachusetts - Last updated October 6, 2026

In Massachusetts a stepparent and the parent they are married to file a joint Petition for Adoption and Affidavit of Petitioner(s), form CJP 87, in the Probate and Family Court for the county where they live, and there is no filing fee. Under G.L. c. 210, s. 2 the child's other lawful parent normally signs a written, notarized consent. If that parent will not, s. 3(a)(ii) lets the court dispense with consent on a petition by a person having the care or custody of the child, but only after notice to that parent and only if the court finds the adoption is in the child's best interests under s. 3(c), which weighs the parent's ability, capacity, fitness and readiness to assume parental responsibility. There is no fixed waiting period of absence or nonsupport in that test. A child above the age of twelve must also consent in writing, and the court may waive the Department of Children and Families home study in a stepparent case under G.L. c. 210, s. 5A.

Find out where you stand in Massachusetts

Where are you with adopting your stepchild?

DocDraft provides document preparation, not legal advice.

Can a stepparent adopt in Massachusetts without the other parent's consent?

Sometimes. On a petition by a person having the care or custody of the child, G.L. c. 210, s. 3(a)(ii) lets the court dispense with consent if it finds the adoption is in the child's best interests under s. 3(c), weighing the parent's ability, capacity, fitness and readiness to parent. That parent must first get notice of the petition.

Which court and which form are used for a stepparent adoption in Massachusetts?

You file in the Probate and Family Court for the county where you live, under G.L. c. 210, s. 1. The statewide petition is the Petition for Adoption and Affidavit of Petitioner(s), form CJP 87. The court charges no filing fee for an adoption, though you pay the sheriff or constable who serves notice.

Is a home study required for a stepparent adoption in Massachusetts?

For a child under 14, G.L. c. 210, s. 5A normally requires a Department of Children and Families report on the child and the home. The same section lets the court waive those requirements when the child is the child of one of the petitioners, so stepparents usually file a motion (CJD 400) asking for the waiver.

At what age must the child consent to a stepparent adoption in Massachusetts?

G.L. c. 210, s. 2 requires the written consent of the child to be adopted, if above the age of twelve. The court's guide puts it as a child over 12 must consent to their own adoption. The child's consent is one consent the court cannot dispense with under s. 3(a).

Massachusetts' best interests test, the s. 5A waiver, and form CJP 87

Massachusetts stepparent adoptions are heard by the Probate and Family Court in the county where the petitioners live, under G.L. c. 210, s. 1, and that section requires a married petitioner's spouse to join the petition, so the stepparent and the child's parent file together on the Petition for Adoption and Affidavit of Petitioner(s), form CJP 87. There is no filing fee. Section 2 requires the written consent of the child's lawful parents, signed before a notary and two witnesses, and a consent given that way is final and irrevocable. When the other parent will not sign, Massachusetts does not use a set period of no contact or no support. Instead, on a petition filed by a person having the care or custody of the child, s. 3(a)(ii) lets the court dispense with that consent if allowing the adoption is in the child's best interests under s. 3(c). The court weighs the ability, capacity, fitness and readiness of the parent, and of the petitioners, to assume parental responsibility, with the child's health and safety of paramount, but not exclusive, concern, and considers listed factors such as the willful failure to visit the child, and the willful failure to support the child where the child is not in that parent's custody, which the statute defines as failing to make a material contribution to the child's care when the department requested it or a court ordered it. The statute's definition of an abandoned child, one left with no person responsible for its care, custody and control, does not fit a child living with a parent and stepparent. Section 4 requires notice to a parent who has not consented, by personal service or, if the parent is not found in Massachusetts, by publication once in each of three successive weeks. For a child under 14, s. 5A calls for a Department of Children and Families report and six months of the child living in the petitioners' home before the decree, but the court may waive that section when the child is the child of one of the petitioners. A child above the age of twelve must consent in writing.

Relevant Laws

Massachusetts G.L. c. 210, s. 2 (Written consent to adoption)

A decree of adoption may not be made, except as the chapter provides, without the written consent of the child, if above the age of twelve, and of the child's lawful parents. The consent must be signed no sooner than the fourth day after the child's birth, before a notary and two witnesses, and is final and irrevocable once executed.

Massachusetts G.L. c. 210, s. 3 (Dispensing with required consent)

On a petition filed by a person having the care or custody of a child, the consent of the persons named in s. 2, other than the child, is not required if the court finds allowing the petition is in the child's best interests under s. 3(c). The court weighs the ability, capacity, fitness and readiness of the parent, and of the petitioners, to assume parental responsibility, with the child's health and safety of paramount concern, and lists factors such as willful failure to visit the child, and willful failure to support the child, meaning no material contribution to the child's care when the department requested it or a court ordered it. A parent who has not consented must receive notice under s. 4.

Massachusetts G.L. c. 210, s. 5A (Department report and residence)

For a child under 14, the Department of Children and Families must report on the child and on whether the petitioners and their home are suitable, and no decree may enter until the child has lived in the petitioner's home for six months, unless waived for good cause. The court may waive the section for a petition to adopt a child of one of the petitioners.

Massachusetts Trial Court: File for adoption

The Probate and Family Court's filing guide lists form CJP 87, the certified birth certificate, disclosure and military affidavits, the Adoption Surrender, CARI checks (CJP 34), the motion (CJD 400) to waive s. 5A requirements when a petitioner is the child's parent, and confirms there is no filing fee.

Regional Variances

Massachusetts stepparent adoption requirements

Court

Probate and Family Court for the county where the petitioner resides, under G.L. c. 210, s. 1. A petitioner who does not live in Massachusetts may file in the county where the child resides.

Petition form

Petition for Adoption and Affidavit of Petitioner(s), form CJP 87, filed jointly by the stepparent and the child's parent. No filing fee. Filed with a certified birth certificate issued within six months, the Child Care or Custody Disclosure Affidavit, and a Military Affidavit.

Other parent's consent

Written consent of the child's lawful parents under G.L. c. 210, s. 2, signed before a notary and two witnesses no sooner than the fourth day after birth. Final and irrevocable from execution.

Proceeding without consent

G.L. c. 210, s. 3(a)(ii): on a petition by a person having the care or custody of the child, consent is not required if the court finds the adoption is in the child's best interests under s. 3(c), weighing the parent's ability, capacity, fitness and readiness to assume parental responsibility. No fixed period; factors include willful failure to visit, and willful failure to support when the department requested support or a court ordered it. Notice under s. 4 first.

Home study

Department of Children and Families report required for a child under 14 under G.L. c. 210, s. 5A. The court may waive s. 5A for a petition to adopt a child of one of the petitioners, usually on a motion (CJD 400).

Residency or waiting period

Under s. 5A, no decree until the child has lived in the petitioner's home for at least six months, waivable for good cause, and the whole section may be waived in a stepparent case. No minimum length of marriage is set.

Child's consent age

Above the age of twelve, under G.L. c. 210, s. 2. The court cannot dispense with the child's consent under s. 3(a).

Suggested Compliance Checklist

Choose the consent route for the other parent

Before filing days after starting

Decide whether the other parent will sign an Adoption Surrender under G.L. c. 210, s. 2, or whether you will ask the court to dispense with consent under s. 3(a)(ii). That route needs a petition by a person having the care or custody of the child, notice to the parent under s. 4, and a finding that adoption is in the child's best interests under s. 3(c), weighing the parent's ability, capacity, fitness and readiness to parent.

File CJP 87 and the supporting papers

At filing days after starting

File the Petition for Adoption and Affidavit of Petitioner(s), form CJP 87, signed by both spouses, with the child's certified birth certificate issued within six months, a Child Care or Custody Disclosure Affidavit from each petitioner, a Military Affidavit, and any surrender, termination decree or death certificate for the other parent. No filing fee applies.

Ask the court to waive the s. 5A requirements

At filing or shortly after days after starting

For a child under 14, prepare a motion (CJD 400), with a supporting affidavit if helpful, asking the judge to waive the Department of Children and Families report and the six-month residence rule under G.L. c. 210, s. 5A, which the court may do when one petitioner is the child's parent. Several s. 5A waivers can be grouped in one motion.

Serve notice and complete the record checks

Before the hearing days after starting

Have the citation served by a sheriff or constable on any parent who has not consented, or publish it as the court orders if that parent is not found in Massachusetts. File CARI release requests (CJP 34) for the stepparent and other household members over 11, and return the missing children registry search request to the Department of Children and Families.

Request the child's new name in the decree

Before the hearing days after starting

G.L. c. 210, s. 6 lets the judge decree the change of name the petitioner requests, so list the child's new name in the petition. After the decree, the birth record is corrected under G.L. c. 46, s. 13(g). A separate name change petition is needed only for a name change outside the adoption.

Document: name-change-petition

Task	Description	Document	Days after starting
Choose the consent route for the other parent	Decide whether the other parent will sign an Adoption Surrender under G.L. c. 210, s. 2, or whether you will ask the court to dispense with consent under s. 3(a)(ii). That route needs a petition by a person having the care or custody of the child, notice to the parent under s. 4, and a finding that adoption is in the child's best interests under s. 3(c), weighing the parent's ability, capacity, fitness and readiness to parent.	-	Before filing
File CJP 87 and the supporting papers	File the Petition for Adoption and Affidavit of Petitioner(s), form CJP 87, signed by both spouses, with the child's certified birth certificate issued within six months, a Child Care or Custody Disclosure Affidavit from each petitioner, a Military Affidavit, and any surrender, termination decree or death certificate for the other parent. No filing fee applies.	-	At filing
Ask the court to waive the s. 5A requirements	For a child under 14, prepare a motion (CJD 400), with a supporting affidavit if helpful, asking the judge to waive the Department of Children and Families report and the six-month residence rule under G.L. c. 210, s. 5A, which the court may do when one petitioner is the child's parent. Several s. 5A waivers can be grouped in one motion.	-	At filing or shortly after
Serve notice and complete the record checks	Have the citation served by a sheriff or constable on any parent who has not consented, or publish it as the court orders if that parent is not found in Massachusetts. File CARI release requests (CJP 34) for the stepparent and other household members over 11, and return the missing children registry search request to the Department of Children and Families.	-	Before the hearing
Request the child's new name in the decree	G.L. c. 210, s. 6 lets the judge decree the change of name the petitioner requests, so list the child's new name in the petition. After the decree, the birth record is corrected under G.L. c. 46, s. 13(g). A separate name change petition is needed only for a name change outside the adoption.	name-change-petition	Before the hearing

Frequently Asked Questions

Other Massachusetts guides

Adverse Possession in Massachusetts: Twenty Years, Unless the Land Is Registered

Asset Protection Planning in Massachusetts (2026)

Dealing With Debt Collectors in Massachusetts (2026)

Expunging a Criminal Record in Massachusetts (2026)

Filing a Workplace Harassment Complaint in Massachusetts

Filing Chapter 7 Bankruptcy in Massachusetts (2026)

Ready to Draft Your Document?

Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.

Get Started