110 CMR 4.08
Voluntary Surrender of a Child for Adoption
(1) Upon receipt of a request from a birth parent to accept the voluntary surrender of a child for
adoption, the Department shall undertake the following actions prior to acceptance of the child
for adoption:
(a) Explore alternatives to surrendering the child for adoption with the parent(s), including
providing casework services to support the needs of the parent(s) and the child(ren).
(b)
If casework services are accepted, the Department shall develop an Action Plan and
provide the services set forth in the action plan.
(c) If casework services are declined, the social worker shall record the offer and declination
of services in the electronic case record.
(d) Where one of the birth parents is not present, the social worker shall obtain information
to assist in locating the absent parent, to explore possible placements for the child.
(e)
The Department social worker shall collect and record in the electronic case record
psycho-social and medical information about the child and the child's biological family.
The Department's acceptance of a voluntary surrender of a child for adoption by a birth
parent shall be in conformity with M.G.L. c. 210, § 2 and the form specified therein (the
"Voluntary Surrender Consent Form"). In addition, the Department must comply with the
following requirements:
(a) The Department shall encourage a parent(s) seeking to surrender a child for adoption to
bring two witnesses of the parent's(s') choice to witness the execution of the Voluntary
Surrender Consent Form. In the event a parent(s) declines to bring two witnesses, one or
more Department employees shall act as witness on the parent's(s') behalf.
(b) When a mature child is the parent seeking to voluntarily surrender a child for adoption,
the Department should first explore with the mature child and the mature child's parent
alternative family resources, including adoption by an extended family member.
(c) When a parent(s) of Native American heritage seeks to voluntarily surrender a child, the
Department shall inform the parent(s) of their rights pursuant to the Indian Child Welfare Act
(ICWA). Pursuant to the ICWA, a Voluntary Surrender Consent Form for a child protected
by the ICWA must be executed before a Judge and comply with all ICWA requirements.