Mass. Gen. Laws » Part II Title III Chapter 210
Massachusetts General Laws

Mass. Gen. Laws ch. 210, § 2 (2026)

Written consent of certain persons; form of consent; identification of father

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 67 cases (14 in the last 5 years), 1926–2026 · 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 8× “" Although G.L.c. 210, § 2, clearly permits a child's natural parent to be an adoptive parent, § 6 does not contain any express exceptions to its termination provision.”
Adoption of Marlene, 822 N.E.2d 714 (Mass. 2005). · cites it 8× “The child involved here, whom we shall call Marlene, was the subject of a care and protection petition, and after her attorney petitioned for child support on her behalf, her father voluntarily consented to her adoption under G. L. c. 210, § 2. A judge in the Juvenile Court…”
Adoption of a Minor, 29 N.E.3d 830 (Mass. 2015). · cites it 12× “While recognizing the petitioners as Nicholas’s legal parents in Massachusetts, a Probate and Family Court judge issued an interlocutory order denying the motion, and reserving and reporting to the Appeals Court the question “whether the lawful parents of a child must give…”
Adoption of John, 759 N.E.2d 747 (Mass. App. Ct. 2001). · cites it 3× “On appeal, the mother argues that her agreement was deficient because the stipulation did not meet the voluntary surrender requirements set forth in G. L. c. 210, § 2, or, in the alternative, because (1) the judge failed to establish that the mother’s agreement was knowing and…”
Adoption of Willow, 745 N.E.2d 330 (Mass. 2001). · cites it 2× “The Legislature has thus provided that a judge may enter an order as to “any person” named in G. L. c. 210, § 2, if the required conditions — unfitness and best interests — are met.”
Adoption of Derrick, 614 N.E.2d 987 (Mass. 1993). · cites it 6× “See G. L. c. 210, § 2 (1990 ed.). On the eve of the adoption proceedings, the mother filed a motion seeking to revoke her consent.”
Adoption of Nancy, 822 N.E.2d 1179 (Mass. 2005). “119, § 26 (4), provides that a *517 judge “may enter an order to dispense with the need for consent of any person named in [G. L. c. 210, § 2], to the adoption, custody, guardianship or other disposition of the child .”
Surrender of Minor Child., 181 N.E.2d 836 (Mass. 1962). · cites it 5× “Cheryl Ann, who was then less than one year old, was in direct violation of G. L. c. 210, § 2, and therefore void. ’ ’ General Laws c.”
Adoption of Jacques, 976 N.E.2d 814 (Mass. App. Ct. 2012). “G. L. c. 210, § 2. 2 The judge appears not to have fully or fairly weighed the dramatic change in visitation and instead simply discredited the mother’s testimony that she was unable to pay for transportation to Ipswich.”
Petition for Revocation of a Judgment for Adoption of a Minor, 471 N.E.2d 1348 (Mass. 1984). · cites it 4× “3 The judge also instructed the department to file an adoption petition under G. L. c. 210, § 2, forthwith. The grandmother’s attorney was present for this hearing, although her counsel had not been given formal written notice.”
In Re the Dep't of Soc. Servs. to Dispense With Consent to Adoption, 461 N.E.2d 186 (Mass. 1984). · cites it 2× “4 We note that the father of a child born out of wedlock is not one of the persons named in G. L. c. 210, § 2, without whose consent the child may not be adopted.”
Adoption of Ramona, 809 N.E.2d 547 (Mass. App. Ct. 2004). · cites it 2× “At the time of trial, Curt and Sam were each almost of an age to prevent his own adoption, see G. L. c. 210, § 2, 13 and each expressed his determination not to be adopted.”
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