Massachusetts General Laws

Mass. Gen. Laws ch. 210, § 1 (2026)

Nature of adoption; district or juvenile court

✓ current as of July 2026

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Section 1. A person of full age may petition the probate court in the county where he resides for leave to adopt as his child another person younger than himself, unless such other person is his or her wife or husband. A minor may likewise petition, or join in the petition of his or her wife or husband, for the adoption of a natural child of one of the parties. If the petitioner has a husband or wife living, competent to join in the petition, such husband or wife shall join therein, and upon adoption the child shall in law be the child of both; provided, however, that the prayer of the petition may be granted although the spouse of the petitioner is not a party to the petition if the court finds: (i) the failure of the spouse to join in the petition or to consent to the adoption is excused by reason of prolonged unexplained absence, legal separation, prolonged separation, incapacity or circumstances constituting an unreasonable withholding of consent; (ii) the husband and wife are not in the process of an ongoing divorce; and (iii) the granting of the petition is in the best interests of the child. If a person not an inhabitant of this commonwealth desires to adopt a child residing here, the petition may be made to the probate court in the county where the child resides.

The district or juvenile court may, if it appears necessary or convenient, exercise the powers authorized by this chapter, but only in respect to a pending proceeding before such district or juvenile court.

Notes of Decisions

Cited in 16 cases (3 in the last 5 years), 1932–2026 · leading case: Adoption of Tammy, 619 N.E.2d 315 (Mass. 1993).

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Adoption of Tammy, 619 N.E.2d 315 (Mass. 1993). · cites it 10× “In this case, two unmarried women, Susan and Helen, filed a joint petition in the Probate and Family Court Department under G.L.c. 210, § 1 (1992 ed.) to adopt as their child Tammy, a minor, who is Susan's biological daughter.”

Goodridge v. Dep't of Pub. Health, 440 Mass. 309 (Mass. 2003). “” Post at 382 (Cordy, J., dissenting). Adoption and certain insurance coverage for assisted reproductive technology are available to married couples, same-sex couples, and single individuals alike.”

Petition of the New England Home for Little Wanderers, 328 N.E.2d 854 (Mass. 1975). · cites it 2× “A fresh petition in the Probate Court for adoption under G.L.c. 210, § 1, remains necessary, see also § 5A (requiring report by Department of Public Welfare or adoption agency on child and adoptive parents), but the § 2 requirement for parental consent was eliminated by the…”

Adoption of Simone, 691 N.E.2d 538 (Mass. 1998). · cites it 2× “B The second paragraph of G. L. c. 210, § 1, states that the District Court may exercise the power to dispense with the biological parents’ consent to adoption “only in respect to a pending proceeding” before the District Court.”

Adoption of Mariano, 933 N.E.2d 677 (Mass. App. Ct. 2010). “Under G. L. c. 210, § 1, “[a] person of full age may petition the probate court .”

Adoption of a Minor, 438 N.E.2d 38 (Mass. 1982). “Basic conditions for adoption are set forth in G. L. c. 210, § 1, which provides that any person of full age may petition the Probate Court to adopt a person younger than himself unless the two are related in certain enumerated degrees.”

In Re the Dep't of Pub. Welfare to Dispense With Consent to Adoption, 419 N.E.2d 285 (Mass. 1981). “See G. L. c. 210, §§ 1, 6. See also Petition of the Dep’t of Pub.”

Nickerson v. Fiduciary Trust Co., 375 N.E.2d 357 (Mass. App. Ct. 1978). “* 2 Although Nicker- *321 son would like to adopt Beverly, he cannot do so as his present wife is not willing to join in the adoption proceedings as required by G. L. c. 210, § 1. Davis v. McGraw, 206 Mass.”

Lee v. Wood, 181 N.E. 229 (Mass. 1932). “G. L. c. 210, § 1. The joinder of the wife of W.”

Adoption of Donald, 694 N.E.2d 373 (Mass. App. Ct. 1998). “G. L. c. 210, § 1, as amended by St. 1992, c.”

Adoption of Arlene., 101 Mass. App. Ct. 326 (Mass. App. Ct. 2022). “210, § 2. Of these, the only category the putative father could possibly fit is "lawful parent" -- a term that is not expressly defined in the adoption statute.”

Adoption of Daphne (Mass. 2020). · cites it 10× “In this case we determine whether, under G. L. c. 210, § 1, the Norfolk Division of the Probate and Family 2 Court Department has jurisdiction over a petition for adoption (petition) where the petitioner, who is the child's biological father (father) and is named as the child's…”

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