If a parent surrenders their parental rights in another state, and that state give me legal guardianship, can I adopt that child in Massachusett? If so, do I still need a home study? Thank you.
Answer
If the state that gave you guardianship terminated all parental rights, then you can adopt here but a home study is required. If the parental rights have not been terminated and assuming you both live here and the other state has not retained jurisdiction, then you can adopt here. If the state where you were awarded guardianship has retained jurisdiction, you may have to seek permissiion to transfer jurisdiction here.
You need to meet with an attorney who handles adopitions here. It is not that complex, but it takes a little time to do and you can get a home study done reasonably quickly here.
Answer
You will need a home study in order to be cleared as an adoptive home here in Massachusetts. If you or your spouse is related to the child, you may be able to waive that requirement and all of its expenses. You should absolutely reach out to an attorney. We practice adoption and reproductive law and would be happy to speak with you.
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