Voluntary Surrender of a Child for Adoption
Effective Jan 6, 2023Mass. Register #1486MGL c. 18B MGL c. 66A MGL c. 119, §§ 23(A), 51A through F, 39E through J MGL c. 210, § 2Massachusetts Department of Children & Families
(1) Upon receipt of a request from a birth parent to accept the voluntary surrender of a child for adoption, the Department shall undertake the following actions prior to acceptance of the child for adoption:
- (a) Explore alternatives to surrendering the child for adoption with the parent(s), including providing casework services to support the needs of the parent(s) and the child(ren).
- (b) If casework services are accepted, the Department shall develop an Action Plan and provide the services set forth in the action plan.
- (c) If casework services are declined, the social worker shall record the offer and declination of services in the electronic case record.
- (d) Where one of the birth parents is not present, the social worker shall obtain information to assist in locating the absent parent, to explore possible placements for the child.
- (e) The Department social worker shall collect and record in the electronic case record psycho-social and medical information about the child and the child's biological family.
(2) The Department's acceptance of a voluntary surrender of a child for adoption by a birth parent shall be in conformity with M.G.L. c. 210, § 2 and the form specified therein (the "Voluntary Surrender Consent Form"). In addition, the Department must comply with the following requirements:
- (a) The Department shall encourage a parent(s) seeking to surrender a child for adoption to bring two witnesses of the parent's(s') choice to witness the execution of the Voluntary Surrender Consent Form. In the event a parent(s) declines to bring two witnesses, one or more Department employees shall act as witness on the parent's(s') behalf.
- (b) When a mature child is the parent seeking to voluntarily surrender a child for adoption, the Department should first explore with the mature child and the mature child's parent alternative family resources, including adoption by an extended family member.
- (c) When a parent(s) of Native American heritage seeks to voluntarily surrender a child, the Department shall inform the parent(s) of their rights pursuant to the Indian Child Welfare Act (ICWA). Pursuant to the ICWA, a Voluntary Surrender Consent Form for a child protected by the ICWA must be executed before a Judge and comply with all ICWA requirements.