Unregulated Custody Transfers of Adopted Children - Massachusetts

Definitions

This issue is not addressed in the statutes reviewed.

Prohibited or Required Actions Regarding Custody

Citation: Ann. Laws Ch. 190B, § 5-103

A parent or parents of a minor, other than a parent or parents whose parental rights have been terminated or a parent who has signed a voluntary surrender, may appoint a temporary agent for a period not exceeding 60 days and may delegate to such agent any power that the parent has regarding the care, custody, or property of the minor child, except the power to consent to marriage or adoption of a minor. No parent or guardian shall appoint a temporary agent when a court has ordered that the minor child be placed in the custody of a person other than the parent.

Any delegation under this section shall be by a writing signed by, or at the direction of, the parent(s) and attested by at least two witnesses aged 18 or older, neither of whom is the temporary agent, together with the written acceptance of the temporary agent.

A parent or guardian may not appoint a temporary agent of a minor if the minor has another living parent whose whereabouts are known and who is willing and able to provide care and custody for the minor, unless the nonappointing parent consents to the appointment in writing. A parent may not appoint a temporary agent if the appointing parent's parental rights have been terminated or a parent who has signed a voluntary surrender.

Any delegation under this section may be revoked or amended by the appointing parent(s) and delivered to all interested persons. The authority of the temporary agent may be limited or altered by the court.

Exceptions

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.