Improving Access to Adult Adoptions in Massachusetts

For members of the LGBTQ+ community and others with marginalized identities, social supports at home and at school throughout adolescence can be difficult to find, and sometimes may not be present at all. This lack of social supports at such a critical time in one’s life and development can translate into cascading health, economic, educational, and social barriers to further growth and independence-building later in life if they cannot find support outside of the family to which they were born or adopted. One way LGBTQ+ individuals have often survived despite such circumstances is by relying on alternative or chosen family. In the eyes of the law, however, chosen family relationships cannot be fully recognized without processing a formal adoption. For individuals whose chosen family bonds have fully replaced those with their families of origin, adult adoption is one way to formally recognize a familial relationship that aligns with their social and emotional bonds. However, adult adoption requires certain filings to be made in a family and probate court, can be expensive, and can require detailed affidavits or other materials the average person might not be able to prepare without legal representation. As a result, there is a potential barrier in access to adult adoptions for those who have experienced isolation and family trauma early on in life who had to rely on their own resilience and chosen family to survive. There are an array of reasons why someone might wish to become adopted as an adult by their chosen parent(s), not only for the law to recognize the validity of the family relationship, but also to ensure the adoptee's access to any healthcare, financial aid, or other benefits of being a legal family member that the adopting petitioner(s) might already wish to extend to the adoptee, but not be able to due to a lack of a legal relationship. For adults who might be older, adult adoption can still be imperative to ensure the adoptee is able to be present for and take care of their parent(s) and sibling(s) in the event of traumatic family events such as medical illness or death. 

The NuLawLab at Northeastern University School of Law is addressing these challenges with a new collaboration with Alexander A. Nally (NUSL ‘20) that seeks to streamline and potentially automate aspects of the adult adoption process in Massachusetts. Our goal is to develop resources that will allow people to successfully complete the adult adoption process without needing to hire a lawyer.  The potential development of additional help, resources, or navigational tools will improve equity by breaking down existing barriers to help adults formally recognize legal relationships between them and their families more easily.