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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

In re Adoption of Maisie, 122 N.E.3d 1099 (2019)

Citation
In re Adoption of Maisie, 122 N.E.3d 1099 (2019)
Parent Document
In re Adoption of Maisie, 122 N.E.3d 1099 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-01-16

Full Text

1,138 chars
The judge specifically terminated the parental rights of the mother and father and dispensed with the need for their consent to adoption under G. L. c. 210, § 3. The judge also found that "[b]oth [the Department of Children and Families (DCF) ] and the children (through counsel) support terminating the parents' rights thereby freeing the children to be adopted by their maternal grandmother." When an adoption is approved, termination of parental rights is mandated. See G. L. c. 210, § 6. See also Petition of the Dep't of Social Servs. to Dispense with Consent to Adoption, 391 Mass. 113, 119 (1984) ("The allowance of a petition to dispense with a parent's consent to his child's adoption means that the parent no longer has the power to prevent the termination of [the statutory] rights, duties, and other legal consequences of his relation to his child"); Bezio v. Patenaude, 381 Mass. 563, 576 n.9 (1980). In comparison, a guardianship does not require the termination of a parent's rights, though a judge may do so. See Adoption of Xarina, 93 Mass. App. Ct. 800, 803 (2018) ("termination is not a prerequisite for guardianship").