In this сase, we consider the effect of a parent’s consent to adoption on that parent’s duty to support his or her child. 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 granted the child’s motion for
Facts. The facts underlying this appeal are not in dispute. On February 6, 2003, the Deрartment of Social Services (department) filed a care and protection petition, see G. L. c. 119, § 24, seeking temporary custody of Marlene.
The issue of support for the child developed as follows. On March 14, 2003, after Marlene was placed in the temporary custody of her stepsister, the child, by her attorney, moved for an order, pursuant to G. L. c. 119, § 28,
On June 19, 2003, the judge reversed herself and allowed the child’s motion for support, requiring the father “to file a financial statement with probation and to pay [c]hild [s]upport consistent with the Child Support Guidelines.” The judge later issued findings of fact and conclusions of law in support of her order, holding that a § 2 consent could not relieve the father of his child support obligations. The father appealed from the order, and child support proceedings were stayed pending resolution of this issue.
Discussion. We have not had occasion to determine whether the filing of a voluntary consent to adoption undеr G. L. c. 210, § 2, terminates a parent’s obligation of child support. In interpreting § 2, we look first to the language of the statute. “[Statutory language is the principal source of insight into legislative purpose.” Local 589, Amalgamated Transit Union v. Massachusetts Bay Transp. Auth.,
Section 2 does not mention the word “support,” and makes no reference to any other section that аddresses the topic. Hence, any relationship between § 2 and a parent’s duty to support exists only by inference. The father asks us to infer that the Legislature intended that the language of § 2 terminate this statutory obligation. We decline to do so.
In interpreting § 2, we start from the proposition that parents have a preexisting obligation to support their children. This duty to support “has existed by statute in some form since as early as 1692.” T.F. v. B.L.,
Section 2 says nothing and implies nothing concerning the termination of a parent’s support obligations. The statutory consent form is very limited and precise. It states that the parent “voluntarily and unconditionally surrender[s] (child) to the care and custody of (agency or person reсeiving custody) for the
To the extent there is any ambiguity in the effect of § 2, resolution of that ambiguity is informed by the fact that the Legislature is unlikely to have relieved a biological parent of the existing duty of support by inference. Had the Legislature intended that § 2 have any impact beyond its stated terms, it could have done so by specifying what consequence signing the form would have on a parent’s obligations. Cf. G. L. c. 210, § 6 (decree of adoption ends all “rights, duties and other legаl consequences” of natural parents). In the absence of any indication of such legislative intent, we do not read such an effect into this section. “We will not add words to a statute that the Legislature did not put there, either by inadvertent omission or by design.” Commonwealth v. Callahan,
The father contends that a legislative intent that the § 2 surrender should end all parental obligations to the child is evidenced by the following language in the § 2 form, “I UNDERSTAND THAT THIS SURRENDER IS FINAL AND
Our interpretation of the statute renders it a consistent part of the statutes concerning adoption. “We ordinаrily construe statutes to be consistent with one another.” Green v. Wyman-Gordon Co.,
General Laws c. 210, § 6, which provides for decrees of adoption, states: “If the court is satisfied . . . that the child should be adopted, it shall make a decree, by which, except as regards succession to property, all rights, duties and other legal consequences of the natural relation of child and parent shall thereafter exist between the child and the petitioner and his kindred, and such rights, duties and legal consequences shall, except as regards marriage, incest or cohabitation, terminate between the сhild so adopted and his natural parents . . .” (emphasis added). The termination of “duties and legal consequences” in § 6 clearly ends a parent’s duty of support on adoption. To read § 2 as also terminating the parent-child relationship and concomitant duty of support would be to render the highlighted language of § 6 superfluous in any case where adoption resulted after a parent gave consent pursuant to § 2. Such a reading would not produce a harmonious result, and would fail to give effect to an important provision of the adop
The father’s reading of § 2 conflicts with deeply entrenched public policy on the subject of child support. The child support scheme in Massachusetts furthers two important goals: “(1) providing for the best interests of children, and (2) ensuring that the taxpayers are secondary to the parents in meeting the financial needs of dependent children.” Department of Revenue v. Mason M.,
Conclusion. The order of the Juvenile Court granting the child’s motion for support is affirmed.
So ordered.
Notes
General Laws c. 119, § 24, states in part:
“The divisions of the juvenile court department, upon the petition under oath of a person alleging on behalf of a child under the age of 18 within the jurisdiction of the court that the child: (a) is without necessary and proper physical or educational care and discipline; (b) is growing up under conditions or circumstances damaging to the child’s sоund character development; (c) lacks proper attention of the parent, guardian with care and custody or custodian; or (d) has a parent, guardian or custodian who is unwilling, incompetent or unavailable to provide any such care, discipline or attention, may issue a precept to bring the child before the court, shall issue a notice to the department and summonses to both parents of the child to show cause why the child should not be committed to the custody of the department or that any other appropriate order should not be made. ... If, after a recitation under oath by the petitioner of the facts of the condition of the child who is the subject of the petition, the court is satisfied that there is reasonable cause to believe that the child is suffering from serious abuse or neglect or is in immediate danger of serious abuse or neglect and that immediate removal of the child is necessary to protect the child from serious abuse or neglect, the court may issue an emergency order transferring custody of the child to the department or to a licensed child care agency or individual .... A transfer of custody shall be for a period not exceeding 72 hours except that upon the entry of the order, notice shall be given to either or both parents, guardian with care and custody or other custodian to appear before the court. The court shall, at that time, determine whether temporary custody shall continue until a hearing on the merits of the petition for care and protection is concluded before the court.”
The term “Planned Permanency Living Arrangement” appears in the docket, but is not defined by the parties or by the care and protection statute, G. L. c. 119. We assume that this phrase refers to the living situation of the child pursuant to a permanency plan filed by the depаrtment with the Juvenile Court. See G. L. c. 119, § 29B.
The relevant portion of G. L. c. 119, § 28 (a), provides: “During the pendency of an action brought pursuant to section twenty-four, temporary orders providing for the support of a child may be entered. The court may thereafter enter a judgment against the party chargeable with support.”
General Laws c. 119, § 28 (b), states in part that “[ajctions under this section to establish support of a child may be commenced by a parent, whether a minor or not; by the child; by the child’s guardian, next of kin or other person standing in a parental relationship to the child; [or] by the authorized agent of the department. . . .”
The child also moved for support from her mother but, due to the mother’s indigency, later withdrew the motion.
The statute provides in part:
“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 bom out of wedlock and not previously adopted. A person whose consent is hereby required shall not be prevented from being the adoptive parent. ... A copy of said consent shall be filed with the departmеnt of social services. A consent executed in accordance with the provisions of this section shall be final and irrevocable from date of execution.”
The form of the consent, set forth in the statute, reads in relevant part:
“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).”
The father cites cases from several other jurisdictions in which a termination of parental rights has been held to terminate parental obligations. However, the holdings in those cases are often based on details оf the State’s statute that differ from ours. Moreover, in every case cited by the father, there has been judicial involvement in the termination, a process that G. L. c. 210, § 2, does not afford. See County of Ventura v. Gonzales,