Legal Question in Family Law in Massachusetts

pre-adoptive DSS issue

placed with infant 3 days old in MA, told all birth family ruled out , parental rights would be termed, goal adoption . Now 8 months later find out an Aunt came forward was homestudied/approved for sibling and being told although DSS clinically feels our home is the best placement that legally aunt has rights to child and we have no say !! Do preadoptive parents have any rights in state of mass


Asked on 11/15/07, 9:28 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: pre-adoptive DSS issue

You have the right to litigate almost anything, but DSS rules start with statutes approved by the legislature and signed into law by the governor. Your argument is with a strong state-based policy, not DSS, and not the courts. This is not fun advice to give, because you have bonded with the child, but it is a reality. Unless DSS has improperly given the thumbs-up to the aunt, you are in a tough position. To prove that DSS is wrong, you will have to litigate, and I would defer to anyone here who has handled such a litigation (I have not) to discuss its feasibility and likelihood of success.

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Answered on 11/15/07, 9:48 pm


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