Legal Opinion

Adoption of a Minor

Massachusetts Supreme Judicial Court

Decided July 19, 1982PublishedCited by 14 opinions

1Opinion of the CourtHennessey, C.J.

The issue before us is whether a Probate Court judge may entertain this adoption petition filed by a child’s foster parents. We conclude that the statutes governing adoption do not permit foster parents to petition for adoption while the child’s mother is opposing a care and protection proceeding brought by the Department of Social Services (Department) 1 in the juvenile session of a District Court. We also conclude that in the circumstances the foster parents have no constitutional right to adjudication of the merits of their adoption petition.

In January, 1979, a nineteen month old child was…

2Cases cited15 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Smith v. Organization of Foster Families for Equality & ReformSupreme Court of the United States · 1977
  3. Petition of the New England Home for Little WanderersMassachusetts Supreme Judicial Court · 1975
  4. In Re the Department of Public Welfare to Dispense With Consent to AdoptionMassachusetts Supreme Judicial Court · 1981
  5. Robert George Drummond and Mildred Pauline Drummond v. Fulton County Department of Family & Children's ServicesCourt of Appeals for the Fifth Circuit · 1977

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Custody of a MinorMassachusetts Supreme Judicial Court · 1983
  2. Petitions of the Department of Social Services to Dispense With Consent to AdoptionMassachusetts Supreme Judicial Court · 1987
  3. Adoption of DianeMassachusetts Supreme Judicial Court · 1987
  4. Custody of a Minor (No. 1)Massachusetts Supreme Judicial Court · 1984
  5. People ex rel. A.W.R.Colorado Court of Appeals · 2000

9 more not listed; retrieve them via the Exa API.

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