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Families and agencies urge lawmakers to clarify out-of-state surrender rules for adoptions
Summary
Adoptive parents, birth parents and adoption agencies told the Joint Committee on the Judiciary that inconsistent court interpretation of Massachusetts surrender forms for out-of-state births is delaying finalizations and urged passage of S.1046 to clarify jurisdictional choice.
The Joint Committee on the Judiciary heard repeated, often emotional testimony in support of S.1046 (an act relative to adoptions) after several families and adoption professionals described cases where judges declined to accept Massachusetts surrender forms signed by out-of-state birth parents.
Multiple adoptive parents told the committee their finalization hearings were delayed or canceled when some Probate and Family Court judges declined to recognize Massachusetts surrenders executed out of state. Amy Cleary described traveling to Georgia and bringing her newborn son home after an interstate compact approval and later finalizing the adoption by remote proceeding; she said the family would have faced foster placement if the cross‑jurisdictional process had failed. Catherine Alford and other parents described prolonged fear and uncertainty when courts questioned previously accepted practices.
Adoption professionals explained that long-standing practice permitted out-of-state birth parents the choice to follow their home state’s surrender procedure or Massachusetts law, and that the Interstate Compact on the Placement of Children (ICPC) provides administrative safeguards. Attorneys and agencies told the committee they routinely obtain conflict-of-law jurisdictional statements and out-of-state opinion letters that describe the birth parent’s understanding of both states’ laws before placement.
Speakers asked the committee to pass S.1046 to clarify that out-of-state birth parents may use either their home-state surrender or a Massachusetts surrender form, and to restore predictability for families and agencies. Agencies warned the uncertainty is chilling placements and increasing legal fees: one adoptive couple said additional counsel fees required as a result of the changed interpretation exceeded $5,000. No committee vote or motion was recorded during the hearing.
Why it matters: Adoption finalization affects parental rights, children’s access to benefits and legal permanence. Advocates argue that clarifying the statute will reduce retraumatization of birth parents, reduce cost and uncertainty for adoptive families, and restore consistent court practice across counties.
