Adoption often brings to mind happy stories of families coming together- a couple opening their hearts and home to a child in need. And while many adoptions do have that happy ending, the process isn’t always smooth.

In some cases, adoptions become contested, meaning a biological parent or another individual with legal standing opposes the adoption. While this can make the process more complicated, it’s not impossible to navigate with the help of an experienced Westborough contested adoption attorney. If you’re currently facing the possibility of a contested adoption, here is some crucial information you should know.

Who Can Adopt in Westborough?

Massachusetts law has requirements for those who wish to adopt in Westborough. In order to adopt in Westborough, you:

• Must be at least 18 years old
• You or the child must be a resident of Massachusetts
• Your spouse (if you are married) generally must be part of the adoption
• Single individuals can also adopt

Who Can You Adopt?

Under Massachusetts law, you can adopt anyone who is younger than you, provided that they are not your spouse. While private adoptions directly with the birth mother are not allowed in Westborough, you can adopt a child who:

• Has been placed with you through the Department of Children and Families or a licensed adoption agency
• Is a blood relative
• Is a step-child
• Had a deceased parent nominate you in a will to be the child’s guardian or adoptive parent

What Role Does Consent Play in Adoption?

While these rules tell you who can adopt and who can be adopted, they do not permit individuals to adopt just anyone they wish. There must be consent. In some instances, a child can give consent. Other times, the biological parent or guardian must give that consent.

In some cases, a child must consent to their own adoption. For instance, if the child is over 12, they must consent to adoption. Additionally, if the child is married, the spouse must also consent to the adoption.

Any child under age 18 must have their parents’ consent to the adoption, or their parents’ legal rights must have been terminated by the court. Termination of parental rights is a legal process in which a parent’s legal rights and responsibilities toward their child are permanently severed. Once terminated, the parent no longer has the right to make decisions for the child or have any legal relationship with them. This can happen voluntarily or involuntarily and is often a necessary step in cases such as adoption or when the child’s welfare is at risk.

If the biological mother is unmarried at the time of the child’s birth, she must consent to the adoption. The court will also attempt to locate the biological father to obtain his consent.

What Are Some Types of Adoptions That Might Be Contested?

If a biological parent or guardian gives their consent to the adoption, and the child, if old enough, also consents, then the adoption goes through as uncontested. However, there are some situations where an adoption might be contested. Two of the most common are step-parent adoption and guardianship adoption.

Contested Step-Parent Adoption

Step-parents often take on the role of a parent, but they don’t have legal rights unless they adopt the child. This can create challenges, especially with decisions like medical care or school matters. Depending on the dynamics of the relationship, this might not be a big issue. For instance, if the child is over the age of 18 and making his or her own decisions, a legal adoption by the step-parent may be unnecessary. However, if the other biological parent is absent, and if the step-parent bears a lot of the burden of taking care of a minor child, it is a challenge for him or her to not have legal rights. For example, they often face hurdles in helping their child in areas such as doctor’s appointments and parent-teacher conferences because they do not have legal rights. Step-parents who adopt their step-children will have the right to make educational and medical decisions regarding the children that they are prohibited from if they do not adopt.

A step-parent may also adopt a step-child if they are married to the child’s sole legal parent. However, this can only occur if the other parent is deceased or their parental rights are terminated. The court will not terminate the other parent’s rights for no reason. It must find that the other biological parent has abandoned the child or is incompetent.

It is important for step-parents to consider the consequences of adopting the children. If the step-parent and biological parent divorce, the step-parent may be ordered to pay child support, as they have legally adopted the child.

Guardianship Adoption

Sometimes, biological parents are unable to care for their child, and a relative or another individual steps in as a guardian. In some cases, adoption may be a better long-term solution. However, a biological parent- even one who agrees to the Guardianship – may contest the adoption. If the court finds that it’s in the child’s best interest to have a permanent home, and the biological parent has not fulfilled their parental duties despite opportunities to do so, the adoption may be approved.

Reach Out to a Westborough Contested Adoption Attorney

Contested adoptions can be emotionally charged and legally complex. Due to the complexities, contested adoptions usually require experienced legal representation for all parties involved. Be sure to consult with an experienced Westborough contested adoption attorney to walk you through the process, protect your rights, and help you focus on building your family. Contact us today to get started.