Massachusetts General Laws

Mass. Gen. Laws ch. 210, § 2A (2026)

Decree of adoption; entry; conditions precedent

✓ current as of July 2026

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Section 2A. No decree of adoption shall be entered for the adoption of a child below the age of fourteen until one of the following conditions has been met:—

(A) The child sought to be adopted has been placed with the petitioners for adoption by the department of children and families or by an agency authorized by said department for such purpose, or

(B) The petitioner is a blood relative of the child sought to be adopted, or

(C) The petitioner is a step-parent of the child sought to be adopted, or

(D) The petitioner was nominated in the will of a deceased natural parent of the child as a guardian or an adoptive parent, or

(E) The petition for adoption has been approved in writing by the department of children and families or by an agency authorized by said department. Any petitioner aggrieved by the refusal of the department or of an agency to approve such petition after being requested to do so, may appeal such refusal to the probate court in which the petition for adoption is pending, which court shall make final determination as to the allowance or dismissal of the petition.

Notes of Decisions

Cited in 10 cases, 1959–1999 · 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 2× “[6] A decree of adoption may not be entered unless one of five preconditions set forth in G.L.c. 210, § 2A, is satisfied. These preconditions include a showing that "the petitioner is a blood relative of the child sought to be adopted" or that "[t]he petition for adoption has…”

Adoption of Galen, 680 N.E.2d 70 (Mass. 1997). · cites it 6× “We consider first the petitioners’ claim under G. L. c. 210, § 2A. That section provides that a petition for adoption of a child below the age of fourteen years must be approved in writing by the department, or an agency authorized by it, unless one of four statutory conditions…”

Adoption of Derrick, 614 N.E.2d 987 (Mass. 1993). · cites it 4× “See G. L. c. 210, § 2A (1990 ed.). After hearing, *440 a different judge concluded that the mother voluntarily consented to the adoption of her son and denied the mother’s petition to adopt her son.”

Adoption of a Minor, 438 N.E.2d 38 (Mass. 1982). · cites it 2× “G. L. c. 210, § 2A (E). When the child’s parents have not consented to adoption, additional conditions must be met.”

Adoption of a Minor, 291 N.E.2d 729 (Mass. 1973). · cites it 2× “The judge treated the hearing on the merits as an appeal from the department’s refusal to approve the petition under G. L. c. 210, § 2A (E). A qualified psychiatrist and neurologist was of opinion that the best interests of the child would be to stay with the petitioners.”

Adoption of a Minor, 494 N.E.2d 1033 (Mass. App. Ct. 1986). · cites it 3× “One of the “conditions” of G. L. c. 210, § 2A, set forth in the margin, 2 must be met before a Probate Court judge may enter a decree of adoption.”

Adoption of a Minor, 327 N.E.2d 875 (Mass. 1975). “G. L. c. 210, § 2A (B), inserted by St. 1954, c.”

Adoption of a Minor, 156 N.E.2d 801 (Mass. 1959). “Under G. L. c. 210, § 2A (E), as amended (see footnote 2, supra), an appeal to the Probate Court lies from the department’s action.”

Revocation of Appointment of a Guardian of a Minor, 271 N.E.2d 621 (Mass. 1971). “See G. L. c. 210, § 2A (as amended through St.”

Adoption of Duval, 706 N.E.2d 312 (Mass. App. Ct. 1999). “In April, 1998, decrees of adoption pursuant to G. L. c. 210, § 2A, were entered upon the department’s petitions.”

— Mass. Gen. Laws ch. 210, § 2A(E) — 1 case

Adoption of a Minor, 494 N.E.2d 1033 (Mass. App. Ct. 1986). “One of the “conditions” of G. L. c. 210, § 2A, set forth in the margin, 2 must be met before a Probate Court judge may enter a decree of adoption.”

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