reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 6-612 - Recognition of Order Modified in Another State

Section 6–612. Recognition of order modified in another state. If a child support order issued by a tribunal of the commonwealth is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of the commonwealth:
(1) may enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 6-613 - Jurisdiction to Modify Child Support Order of Another State When Individual Parties Reside in the Commonwealth

Section 6–613. Jurisdiction to modify child support order of another state when individual parties reside in the commonwealth.
(a) If all of the parties who are individuals reside in the commonwealth and the child does not reside in the issuing state, a tribunal of the commonwealth has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b) A tribunal of the commonwealth exercising jurisdiction under this section shall apply Articles 1 and 2, this Article and the procedural and substantive law of the commonwealth to the proceeding for enforcement or modification.
Articles 3, 4, 5, 7, and 8 do not apply.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 6-614 - Notice to Issuing Tribunal of Modification

Section 6–614. Notice to issuing tribunal of modification. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 6-615 - Jurisdiction to Modify Child Support Order of Foreign Country

Section 6–615. Jurisdiction to modify child support order of foreign country.
(a) Except as otherwise provided in section 7–711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of the commonwealth may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to section 6–611 has been given or whether the individual seeking modification is a resident of the commonwealth or of the foreign country.
(b) An order issued by a tribunal of the commonwealth modifying a foreign child support order pursuant to this section is the controlling order.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 6-616 - Procedure to Register Child Support Order of Foreign Country for Modification

Section 6–616. Procedure to register child support order of foreign country for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in the commonwealth under sections 6–601 to 6–608, inclusive, if the order has not been registered. A petition or comparable pleading for modification may be filed at the same time as a request for registration or at another time. The petition or pleading must specify the grounds for modification.
{HG4}ARTICLE 7. SUPPORT PROCEEDING UNDER CONVENTION
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-701 - Definitions

Section 7–701. Definitions. In this article:
(1) ''Application'', a request under the Convention by an obligee or obligor or on behalf of a child, made through a central authority for assistance from another central authority.
(2) ''Central authority'', the entity designated by the United States or a foreign country described in section 1–102(5)(iv) to perform the functions specified in the Convention.
(3) ''Convention support order'', a support order of a tribunal of a foreign country described in section 1–102(5)(iv).
(4) ''Direct request'', a petition filed by an individual in a tribunal of the commonwealth in a proceeding involving an obligee, obligor or child residing outside the United States.
(5) ''Foreign central authority'', the entity designated by a foreign country described in section 1–102(5)(iv) to perform the functions specified in the Convention.
(6) ''Foreign support agreement'':
(A) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been:
(I) formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(II) authenticated by or concluded, registered or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(B) includes a maintenance arrangement or authentic instrument under the Convention.
(7) ''United States central authority'', the Secretary of the United States Department of Health and Human Services.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-702 - Applicability

Section 7–702. Applicability. This article applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this article is inconsistent with Articles 1 to 6, inclusive, this article controls.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-703 - Relationship of Department of Revenue to United States Central Authority

Section 7–703. Relationship of Department of Revenue to United States Central Authority. The department of revenue of the commonwealth is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-704 - Initiation by Department of Revenue of Support Proceeding Under Convention

Section 7–704. Initiation by Department of Revenue of support proceeding under Convention.
(a) In a support proceeding under this article, the department of revenue of the commonwealth shall:
(1) transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of the commonwealth.
(b) The following support proceedings are available to an obligee under the Convention:
(1) recognition or recognition and enforcement of a foreign support order;
(2) enforcement of a support order issued or recognized in the commonwealth;
(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) establishment of a support order if recognition of a foreign support order is refused under section 7–708(b)(2), (4) or (9);
(5) modification of a support order of a tribunal of the commonwealth; and
(6) modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of the commonwealth;
(2) modification of a support order of a tribunal of the commonwealth; and
(3) modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of the commonwealth may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-705 - Direct Request

Section 7–705. Direct request.
(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of the commonwealth applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 7–706 to 7–713, inclusive, apply.
(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(1) A security, bond or deposit is not required to guarantee the payment of costs and expenses; and
(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of the commonwealth under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the department of revenue.
(e) This article does not prevent the application of laws of the commonwealth that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-706 - Registration of Convention Support Order

Section 7–706. Registration of Convention support order.
(a) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in the commonwealth as provided in Article 6.
(b) Notwithstanding sections 3–311 and 6–602(a), a request for registration of a Convention support order must be accompanied by:
(1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2) a record stating that the support order is enforceable in the issuing country;
(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of the commonwealth may vacate the registration of a Convention support order without the filing of a contest under section 7–707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-707 - Contest of Registered Convention Support Order

Section 7–707. Contest of registered Convention support order.
(a) Except as otherwise provided in this article, sections 6–605 to 6–608, inclusive, apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth in section 7–708. The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, a tribunal of the commonwealth:
(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
(f) A tribunal of the commonwealth deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-708 - Recognition and Enforcement of Registered Convention Support Order

Section 7–708. Recognition and enforcement of registered Convention support order.
(a) Except as otherwise provided in subsection (b), a tribunal of the commonwealth shall recognize and enforce a registered Convention support order.
(b) The following grounds are the only grounds on which a tribunal of the commonwealth may refuse recognition and enforcement of a registered Convention support order:
(1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) the issuing tribunal lacked personal jurisdiction consistent with section 2–201;
(3) the order is not enforceable in the issuing country;
(4) the order was obtained by fraud in connection with a matter of procedure;
(5) a record transmitted in accordance with section 7–706 lacks authenticity or integrity;
(6) a proceeding between the same parties and having the same purpose is pending before a tribunal of the commonwealth and that proceeding was the first to be filed;
(7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in the commonwealth;
(8) payment, to the extent alleged arrears have been paid in whole or in part;
(9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(i) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(ii) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) the order was made in violation of section 7–711.
(c) If a tribunal of the commonwealth does not recognize a Convention support order under subsection (b)(2), (4) or (9):
(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2) the department of revenue shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 7–704.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-709 - Partial Enforcement

Section 7–709. Partial enforcement. If a tribunal of the commonwealth does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-710 - Foreign Support Agreement

Section 7–710. Foreign support agreement.
(a) Except as otherwise provided in subsections (c) and (d), a tribunal of the commonwealth shall recognize and enforce a foreign support agreement registered in the commonwealth.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) a complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of the commonwealth may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of the commonwealth may refuse recognition and enforcement of the agreement if it finds:
(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in the commonwealth, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in the commonwealth; or
(4) the record submitted under subsection (b) lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-711 - Modification of Convention Child Support Order

Section 7–711. Modification of Convention child support order.
(a) A tribunal of the commonwealth may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) the obligee submits to the jurisdiction of a tribunal of the commonwealth, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of the commonwealth does not modify a Convention child support order because the order is not recognized in the commonwealth, section 7–708(c) applies.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 7-713 - Record in Original Language; English Translation

Section 7–713. Record in original language; English translation. A record filed with a tribunal of the commonwealth under this article must be in the original language and, if not in English, must be accompanied by an English translation.
{HG4}ARTICLE 8. INTERSTATE RENDITION
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 8-801 - Grounds for Rendition

Section 8–801. Grounds for rendition.
(a) For purposes of this article, ''governor'' includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(b) The governor of the commonwealth may:
(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in the commonwealth with having failed to provide for the support of an obligee; or
(2) on the demand by the governor of another state, surrender an individual found in the commonwealth who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 8-802 - Conditions of Rendition

Section 8–802. Conditions of rendition.
(a) Before making a demand that the governor of another state surrender an individual charged criminally in the commonwealth with having failed to provide for the support of an obligee, the governor of the commonwealth may require a prosecutor of the commonwealth to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(b) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of the commonwealth surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
{HG4}ARTICLE 9. MISCELLANEOUS PROVISIONS
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 209d - Uniform Interstate Family Support Act › Article 1 - General Provisions › Section 9-901 - Uniformity of Application and Construction

Section 9–901. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 1 - Nature of Adoption; District or Juvenile Court

Section 1. A person of full age may petition the probate court in the county where he resides for leave to adopt as his child another person younger than himself, unless such other person is his or her wife or husband. A minor may likewise petition, or join in the petition of his or her wife or husband, for the adoption of a natural child of one of the parties. If the petitioner has a husband or wife living, competent to join in the petition, such husband or wife shall join therein, and upon adoption the child shall in law be the child of both; provided, however, that the prayer of the petition may be granted although the spouse of the petitioner is not a party to the petition if the court finds: (i) the failure of the spouse to join in the petition or to consent to the adoption is excused by reason of prolonged unexplained absence, legal separation, prolonged separation, incapacity or circumstances constituting an unreasonable withholding of consent; (ii) the husband and wife are not in the process of an ongoing divorce; and (iii) the granting of the petition is in the best interests of the child. If a person not an inhabitant of this commonwealth desires to adopt a child residing here, the petition may be made to the probate court in the county where the child resides.
The district or juvenile court may, if it appears necessary or convenient, exercise the powers authorized by this chapter, but only in respect to a pending proceeding before such district or juvenile court.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 2a - Decree of Adoption; Entry; Conditions Precedent

Section 2A. No decree of adoption shall be entered for the adoption of a child below the age of fourteen until one of the following conditions has been met:—
(A) The child sought to be adopted has been placed with the petitioners for adoption by the department of children and families or by an agency authorized by said department for such purpose, or
(B) The petitioner is a blood relative of the child sought to be adopted, or
(C) The petitioner is a step-parent of the child sought to be adopted, or
(D) The petitioner was nominated in the will of a deceased natural parent of the child as a guardian or an adoptive parent, or
(E) The petition for adoption has been approved in writing by the department of children and families or by an agency authorized by said department. Any petitioner aggrieved by the refusal of the department or of an agency to approve such petition after being requested to do so, may appeal such refusal to the probate court in which the petition for adoption is pending, which court shall make final determination as to the allowance or dismissal of the petition.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 3b - Registration of Interest for Pre-Adoptive or Adoptive Placement; Criminal Record Review

Section 3B. When deciding whether to approve or reject a registration of interest for pre-adoptive or adoptive placement, the department shall conduct a review of any misdemeanor offense discovered through a criminal offender record information search conducted pursuant to section 172B of chapter 6 in order to assist the department in accurately evaluating whether the mere existence of the offense has a substantial effect on the applicant's current or future ability to assume and carry out the responsibilities of an adoptive or pre-adoptive parent in such a manner that the rights of the child to sound health and normal physical, mental, spiritual and moral development are insured. The review shall include, but need not be limited to, a review of the following: the time that has elapsed between the date of the offense and the filing of the registration of interest, the seriousness and specific circumstances of the offense, the number and nature of other offenses, the age of the offender at the time of the offense, the findings and recommendations of the family resource worker assigned by the department to discuss the facts surrounding the misdemeanor with the applicant, the recommendations given to the family resource worker by personal or employment references chosen by the applicant or received otherwise, the current and future needs of the child to be placed or adopted and the probable effect that the misdemeanor would have on the applicant's ability to fulfill those needs, any reports or recommendations received by the department from the applicant's parole or probation officer should one have been assigned, a copy of the police report pertaining to the offense in question if obtainable within a reasonable period of time or discussions with a police officer familiar with the facts surrounding the offense and, unless inappropriate, discussions with the child to be placed regarding his current and past relationship with the applicant. Nothing in this section shall be construed to affect the discretion of the department to approve or reject the registration of interest for adoptive or pre-adoptive placement.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 4 - Notice

Section 4. If the written consent required by section two is not submitted to the court with the petition, the court shall, except where the court under section three has determined that such consent and notice is not required, order notice by personal service upon the parties of an order of notice, in such form as shall be prescribed under section thirty of chapter two hundred and fifteen, or, if the parties are not found within this commonwealth, by publication of said order of notice once in each of three successive weeks in such newspaper as the court orders, the last publication to be seven days at least before the time appointed for the hearing, and the court may require additional notice and consent. But if such child is of unknown parentage and is a foundling, publication as herein set forth shall not be required; but notice of the petition shall be given to the department of children and families.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 5 - Failure to Object After Notice; Proceedings

Section 5. If, after such notice, a person whose consent is required does not appear and object to the adoption, the court may act upon the petition without his consent, subject to his right of appeal, or it may appoint a guardian ad litem with power to give or withhold consent.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 5b - Adoptive Custody; Factors Considered; Request for Religious Designation

Section 5B. In making orders for adoption, the judge shall consider the need of the child for loving and responsible parental care and all factors relevant to the physical, mental and moral health of the child.
If, at the time of surrender of the child for adoptive custody, the parent or parents of said child requested a religious designation for the child, the court may grant a petition for adoption of the child only to a person or persons of the religious designation so requested, unless a placement for adoptive custody based on such request would not have been in the best interests of the child. If a request for religious designation is not given effect, such reasons in support of such determination shall be made a part of the records of the proceedings.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 5c - Inspection of Pleadings, Reports, etc.; Docket Book

Section 5C. All petitions for adoption, all reports submitted thereunder and all pleadings, papers or documents filed in connection therewith, docket entries in the permanent docket and record books shall not be available for inspection, unless a judge of probate of the county where such records are kept, for good cause shown, shall otherwise order. Such petitions, reports, pleadings, papers, documents and permanent docket and record books shall be segregated. A separate permanent docket book shall be provided for all such entries. This section shall apply to the index of the court of all such entries, a separate index of which shall be provided.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 5e - Department of Children and Families Adoption Report

Section 5E. The department of children and families shall submit a report detailing the number and nature, as defined jointly by department and the University of Massachusetts center for adoption research and policy in Worcester, of adoptions processed by the department during each calendar quarter to be filed with said center on the first day of each calendar quarter.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 6 - Decree of Court; Force and Effect; Private Hearings

Section 6. If the court is satisfied of the identity and relations of the persons, and that the petitioner is of sufficient ability to bring up the child and provide suitable support and education for it, and that the child should be adopted, it shall make a decree, by which, except as regards succession to property, all rights, duties and other legal consequences of the natural relation of child and parent shall thereafter exist between the child and the petitioner and his kindred, and such rights, duties and legal consequences shall, except as regards marriage, incest or cohabitation, terminate between the child so adopted and his natural parents and kindred or any previous adopting parent; but such decree shall not place the adopting parent or adopted child in any relation to any person, except each other, different from that before existing as regards marriage, or as regards rape, incest or other sexual crime committed by either or both. The court may also decree such change of name as the petitioner may request. If the person so adopted is of full age, he shall not be freed by such decree from the obligations imposed by section six of chapter one hundred and seventeen and section twenty of chapter two hundred and seventy-three.
In evaluating whether a petitioner is of sufficient ability to provide suitable support for the child, the court shall give consideration to assurances by the department of children and families that it will provide an adoption subsidy for the child.
No decree shall be made under this section until there has been filed in the court a statement, signed and sworn to by the petitioner, or petitioners, setting forth the date of birth and place of residence of each adopting parent and such other facts relating to each such parent as would be required by section thirteen of chapter forty-six for the correction of the record of the birth of the person sought to be adopted, and also a copy of the birth record of such person; provided, that in case such person has been previously adopted, either a copy of the record of his birth amended to conform to the previous decree of adoption or a copy of such decree may be so filed; and, provided further, that the filing of any such copy may be dispensed with if the judge is satisfied that it cannot be obtained.
Every decree of adoption entered by the court shall include the words ''This adoption is final and irrevocable.''
The probate judge may determine that the hearing on any adoption petition shall be held in chambers. He shall, on the request of any party to an adoption proceeding, hold the hearing thereon in chambers, except that if said petition is contested, the consent of the other party or parties shall be required. No person shall be allowed to be present at any such hearing unless his presence is necessary either as a party or as a witness, and the probate judge shall exclude the general public from the hearing.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 6a - Certificates of Adoption

Section 6A. The court shall forthwith, following the making of a decree of adoption, issue to the petitioner, or petitioners, a certificate of adoption setting forth all the facts relating to the adopting parent, or parents, as appearing in the statement required to be filed by section six, the name of, and all other facts relating to, the person adopted, as appearing in any copy of birth record or decree of adoption filed as required by said section, the name of the court making such decree and the date thereof, and, if such decree authorizes a change in the name of the person adopted, his name as so changed; provided, that if such person has been born out of wedlock, the name, or names, of, and all other facts relating to, his natural parent, or parents, shall be omitted from such certificate.
Certificates under this section shall be made on forms furnished by the commissioner of public health, and shall provide for the indicating thereon by the adopting parent, or parents, as to whether or not a correction of the record of the birth of the person adopted is desired; and, in case such desire is so indicated, the court shall forthwith send a certified copy of such certificate to the clerk of the city or town where such person was born.
If either of the parents who have adopted a child so request, the register of probate shall issue a special certificate of adoption upon which the original or prior name of the child and the names of its natural parents shall not appear.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 6b - Adoption Nunc Pro Tunc

Section 6B. In the event that either of the petitioning adopting parents to a petition for adoption, which has been filed with the probate court, should die prior to the entry of a decree of adoption, the probate court may enter a decree within three months following the date of death nunc pro tunc to the date of the filing of the adoption petition. Said decree shall have all of the effect of a decree of adoption as to both petitioners and the person adopted as provided for in section seven.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 6d - Enforcement of Agreement

Section 6D. A party to a court-approved agreement for post-adoption contact or communication may seek to enforce the agreement by commencing a civil action for specific performance. A court order for specific performance of the terms of a post-adoption contact agreement shall be the sole remedy for breach of an agreement.
In such proceedings, parties shall not be entitled to the appointment of counsel; provided, however, that the court may appoint a guardian ad litem to represent the interests of the child.
In an enforcement proceeding, the court may modify the terms of the agreement if the court finds that there has been a material and substantial change in circumstances and the modification is necessary in the best interests of the child. A court-imposed modification of a previously approved agreement may limit, restrict, condition or decrease contact between the birth parents and the child but in no event shall a court-imposed modification serve to expand, enlarge or increase the amount of contact between the birth parents and the child or place new obligations on adoptive parents.
If the court finds that an action brought under this section was wholly insubstantial, frivolous and not advanced in good faith in accordance with the provisions of section 6F of chapter 231, the court may award attorney's fees to all prevailing parties.
Nothing in the agreement shall preclude a party seeking to enforce an agreement for post-adoption contact or communication from utilizing child welfare mediation or permanency mediation before, or in addition to, the commencement of a civil action for specific enforcement. All proceedings conducted under this section shall be closed to the public and confidential and papers shall be segregated in accordance with section 5D.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 9 - Succession to Property; Right of Child Adopted in Foreign State

Section 9. A person adopted in another state or country, in accordance with the laws thereof, shall upon proof of such fact be entitled in this commonwealth to the same rights of succession to property by grant, trust settlement, entail, devise, bequest, or by intestacy as he would have had if he had been adopted in the commonwealth.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 10 - Second Adoption; Effect

Section 10. If the child has been previously adopted, all the legal consequences of the former decree shall, upon a subsequent adoption, determine, except so far as any interest in property may have vested in the adopted child, and a decree to that effect shall be entered on the records of the court.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 11 - Appeals

Section 11. The supreme judicial court may allow a parent, who, upon a petition for adoption, had no notice of the proceedings before the decree and had neither waived notice in accordance with section two nor been the subject of a decree dispensing with need for notice in accordance with section three, to appeal therefrom within one hundred and twenty days after actual notice thereof.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 11a - Adoption Services Offered by Certain Persons or Agencies; Penalty

Section 11A. Any person or entity other than a duly authorized agent or employee of the department of children and families or a child care or placement agency licensed under the provisions of chapter 15D, who causes to be published in the commonwealth an advertisement or notice of children offered or wanted for adoption, or in any way offers to place, locate or dispose of children offered or wanted for adoption, or who holds himself out in any way as being able to place, locate or dispose of children for adoption shall be punished by a fine of not less than one hundred nor more than one thousand dollars. Any such person who shall accept payment in the form of money or other consideration in return for placing a child for adoption shall be punished by a fine of not less than five thousand and not more than thirty thousand dollars, or by imprisonment in jail or house of correction for not more than two and one-half years or in the state prison for not more than five years, or both.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 12 - Petitions for Change of Name

Section 12. A petition for the change of name of a person may be heard by the probate court in the county where the petitioner resides. The change of name of a person shall be granted unless such change is inconsistent with public interests.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title III - Domestic Relations › Chapter 210 - Adoption of Children and Change of Names › Section 13 - Notice and Certificate; Decree; Entry; Conditions Precedent

Section 13. The court shall, before decreeing a change of name, request a report from the commissioner of probation on the person filing the petition and, except for good cause shown, require public notice of the petition to be given and any person may be heard thereon, and, upon entry of a decree, the name as established thereby shall be the legal name of the petitioner, and the register may issue a certificate, under the seal of the court, of the name as so established.
No decree shall be entered, however, until there has been filed in the court a copy of the birth record of the person whose name is sought to be changed and, in case such person's name has previously been changed by decree of court or at marriage pursuant to section one D of chapter forty-six, either a copy of the record of his birth amended to conform to the previous decree changing his name, a copy of such decree, or a copy of the record of marriage; provided, that the filing of any such copy may be dispensed with if the judge is satisfied that it cannot be obtained.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211 - The Supreme Judicial Court › Section 2a - Statement of Expenses and Costs

Section 2A. The chief justice of the supreme judicial court in consultation with the chief justice of the trial court and the court administrator shall periodically prepare a statement of all expenses and costs, including salaries, for the supreme judicial court. Said chief justice shall periodically prepare and submit to the budget director the statement required by section three of chapter twenty-nine which shall show, in detail, an estimate for the ordinary maintenance of the entire judicial system of the commonwealth, and the revenue therefrom, as provided in clause (5) of the first paragraph of said section three. Said statement shall include judicial salaries and the salaries of all officers and employees within the judicial branch of government of the commonwealth and shall include estimates of all sums which the commonwealth is obligated to pay under the provisions of chapter twenty-nine A.
Said chief justice may use the estimates prepared by the chief justice of the appeals court and the chief justice of the trial court and the court administrator for the purposes of this section, attaching whatever recommendations he may desire or deem necessary.