Legal Question in Family Law in Massachusetts

Re: 18 Year Old Daughter

The real issue here is whether her biological father will consent to the adoption.

However, she can petition probate court to legally change her name.

If I can be of assistance please feel free to contact me.

Re: 18 Year Old Daughter

Short answer is yes. An adult can adopt another adult.

Re: 18 Year Old Daughter

It is wonderful that both your daughter and your partner are interested in establishing a legal parent-child relationship.

Under Massachusetts law, the adoptee must only be younger than the adoptive adopt. Where you are biologically related to the adoptee, the appropriate procedure would be a Petition for Second Parent Adoption in the Family and Probate Court.

As attorney Roth points out, you will need to either (i) terminate the parental rights of the child's biological father, or (ii) have the biological father execute a Consent to the adoption.

In the alternative, your daughter could fairly easily change her name by filing a Change of Name form in the Family and Probate Court, but it would not legally establish the parent-child relationship.

Please feel free to contact my office if you would like to explore a second-parent adoption, or if you would like to accomplish a name change. If you go for the latter, I recommend that you engage in estate planning to make sure that your daughter is entitled to an appropriate share of your partner's estate should something happen to you both.

I would be more than happy to speak with you further.

Re: 18 Year Old Daughter

I must beg to differ with my colleagues over the issue of consent of the other parent. An attorney friend of mine was asked this same question of his step-daughter. He found that her choice of an adult was sufficient, and that no consent of the other parent was necessary. The adoption is a long-done deed at this point.