Second-Parent Adoptions in Massachusetts

For many LGBTQ+ families and non-biological parents, a second-parent adoption is one of the most important steps you can take to protect your relationship with your child. At Hera Law Group, we help Massachusetts parents complete second-parent adoptions with care, so that both parents are fully and permanently recognized under the law.

What Is a Second-Parent Adoption?

A second-parent adoption allows one partner to adopt the biological or previously adopted child of the other partner, without terminating the existing parent’s rights. The result is that both parents hold equal, legally recognized parental status. This is different from a stepparent adoption, though the two processes share many of the same steps.

Why Second-Parent Adoption Still Matters

Even with marriage equality and updates to Massachusetts parentage law that may already presume both partners are legal parents, a second-parent adoption offers protection that a legal presumption alone cannot. An adoption is a court judgment, and it is far more likely to be honored by other states — including those less favorable to LGBTQ+ families — if you travel or relocate. It also provides clarity around medical and educational decision-making, ensures automatic custody rights if a parent passes away, and secures inheritance rights for your child.

How the Process Generally Works

A second-parent adoption is typically filed with the Massachusetts Probate and Family Court and generally involves:

• Filing a petition with information about both parents and the child
• A home study assessing the family’s home environment
• Background checks for the adopting parent
• Consent from the existing legal parent, and from the child if they are 12 or older
• A court hearing, after which a judge issues an adoption decree if the adoption is in the child’s best interest

Because both parents are already involved in raising the child, these cases are often less complicated than other types of adoption, though the required steps still must be completed carefully and correctly.

Why Work With Hera Law Group

We understand how much your family’s legal security means to you. Our attorneys guide LGBTQ+ parents and families through the second-parent adoption process from start to finish, helping make sure every requirement is met and your family is fully protected.

Contact Us to Get Started

At Hera Law, we understand that hiring an attorney is a big decision. We welcome you to call us for a free initial 15-minute phone consultation to discuss your situation.

Call 978.637.2048 or email office@heralawgroup.com to schedule your consultation today.