Legal Question in Family Law in Massachusetts

Thank you for your question.

The good news is that you are incorrect!!

Based on the facts above, you and your girlfriend - if you wish - are legally eligible to adopt your son whenever you are ready. There is no requirement in Massachusetts that adoptive parents be married to one another and, while there is a requirement that the child reside in the adoptive home for a period of six months, that requirement which may be waived upon motion to the court in your situation.

Our Firm in Boston specializes in all types of adoption, including same-sex co-parent adoptions and step-parent adoptions, and have represented couples like you throughout Massachusetts. I strongly recommend that you retain a firm like ours to assist you. Because you are the child's parent, and you will be joining in the adoption with your girlfriend, you can move the court to waive the costly and invasive home study process.

You should not move quickly to adopt together with your girlfriend simply because the mother wishes to give up her parental rights. But if you are ready, you can certainly do so. I would welcome the opportunity to work with your family, and you should feel free to give us a call if you have any follow up questions or if you would like to get started on this process.