Adoption of a Minor

Petitioners, J.S. and V.K., a married same-sex couple, filed a joint petition for adoption seeking to adopt their son Nicholas. Nicholas was conceived through in vitro fertilization using a known sperm donor and was born to J.S. Petitioners filed a motion to proceed with the adoption without further notice, arguing that no consent other than their consent was necessary, and no notice to any other person was required. A probate and family court judge denied Petitioners’ motion and reported the following question: Must the lawful parents of a child give notice to the known biological father/sperm donor pursuant to Mass. Gen. Laws ch. 210, 2 in conjunction with their petition for adoption? The Supreme Judicial Court answered the question in the negative, holding that Mass. Gen. Laws ch. 210, 2 does not require the lawful parents of a child to give notice of the petition for adoption to a known sperm donor. View "Adoption of a Minor" on Justia Law