The Unexpected Roadblock: Out-of-State Adoptions in Massachusetts

Imagine you’re a hopeful adoptive parent who lives in Massachusetts, in the final stages of adopting a baby from a different state. The adoption process seems to be running smoothly, until suddenly your date of finalization gets postponed with no clear reason.

Then, a Massachusetts judge tells you that they are no longer accepting/finalizing your adoption.

In 2024, this scenario unfortunately became the reality for many adoptive families in the Commonwealth planning to adopt children from other states.

For over 40 years, Massachusetts judges permitted birth parents who are not Massachusetts residents to sign Massachusetts’ consent forms if they wished. The birth parents would be informed by their attorney about the laws in their own state and in Massachusetts, so they could choose accordingly.

But suddenly, even though the law remained unchanged, Western Massachusetts judges began interpreting it differently and not accepting “out-of-state” consents (where the birth parent outside of Massachusetts chose to complete a Massachusetts consent form). Thus, the finalizations of these adoptions were accompanied by delays, additional costs, confusion and uncertainty.

This change in interpretation not only adds to the emotional toll for the adoptive parents and birth parents, but also leaves the child in a state of limbo.

“This is an adoption crisis in Massachusetts,” said Amy Cohen, Director of Adoptions With Love, who has helped draw attention to this issue.

Luckily, several impacted families reached out to Massachusetts attorneys, who then contacted State Representative Lindsay Sabadosa.

MA State Representative Lindsay Sabadosa

Rep. Sabadosa would later become the lead House sponsor of legislation aiming to correct this situation in Massachusetts, a bill known as An Act Relative to Adoptions (H.1975/S.1046). The lead Senate sponsor is Senator Cynthia Creem.

“I was made aware of this when an attorney who had families affected reached out really early on with their concerns,” Rep. Sabadosa explained. She then began to work with the community and the House counsel to pinpoint and hopefully resolve the root issue through legislation.

“The legislative language will clarify that when consenting to the termination of parental rights, a birth parent can have the fundamental choice to use either Massachusetts law or the law of their state, if permissible. This would prevent any interpretations that may be harmful and lead to a more efficient adoption process for all involved,” said Rep. Sabadosa.

Cohen, fellow adoption professionals, and families have been working with their legislative supporters to help combat this adoption crisis.

Although the one-line bill may seem straightforward, Cohen points out, “Nothing about adoption law is simple. That is why it’s so important that this is clarified in statute, continuing a practice that had worked safely and equitably for many years.”

This legislation would ensure consistency in the adoption process, which already can be challenging and complex.

MA State Representative Lindsay Sabadosa

“If you are a Massachusetts resident who cares about this issue, you can help advance this legislation by contacting your own state legislators and asking them to co-sponsor this bill,” said Cohen. Representative Sabadosa also stressed the importance and impact of advocacy.

This adoption bill is one of the Massachusetts legislative priorities of AllPaths Family Building this session. Visit our website to learn how to get in touch with your legislators in support of this bill or reach out to Kate at kwleblanc@allpathsfb.org for other action items.

Cohen explained, “It has been over a year now since the first consent for adoption was denied for finalization. Families need Massachusetts to clarify this language as soon as possible.”

Kayla Bortlik is a sophomore at Holy Cross, studying biology and neuroscience, and she is excited to be the AllPaths intern during her spring semester. In her free time, she loves to dance and spend time with friends and family. After college, she hopes to attend medical school and one day become a doctor.