Adoption of Galen

680 N.E.2d 70, 425 Mass. 201, 1997 Mass. LEXIS 128
CourtMassachusetts Supreme Judicial Court
DecidedJune 11, 1997
StatusPublished
Cited by6 cases

This text of 680 N.E.2d 70 (Adoption of Galen) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adoption of Galen, 680 N.E.2d 70, 425 Mass. 201, 1997 Mass. LEXIS 128 (Mass. 1997).

Opinions

Marshall, J.

The petitioners, two women whom we shall call Nancy and Laura, challenge an order entered by a judge [202]*202of the Suffolk Division of the Probate and Family Court Department denying their motion to waive a Department of Social Services (department) home study pursuant to G. L. c. 210, § 5A, in connection with their joint petition to adopt Nancy’s biological child, whom we shall call Galen. We remand the case for entry of an order explaining with specificity the reasons for the denial of the motion in light of this opinion or, in the alternative, an order allowing the motion.

1. We summarize the relevant facts as they were presented to the motion judge. At the time they filed their motion (July, 1996), Nancy and Laura had been involved in a relationship with each other for nearly ten years, and had lived together for nine of those years. For some time prior to the birth of Galen, Nancy and Laura planned together for one of them to have a child, and in 1995 Galen was conceived by Nancy through artificial insemination from an anonymous donor from California.1 Nancy, a respiratory therapist for ten years at a Boston hospital, and Laura, a psychiatric nurse at a different medical institution, jointly own their home and share all their respective financial responsibilities. In July, 1996, Nancy was not working so that she could be at home with Galen, and Laura financially supported both Nancy and Galen. The petitioners share all parenting responsibilities, including all decisions concerning Galen’s health, education, and welfare. They intend to continue this arrangement.

Nancy and Laura filed numerous affidavits evidencing that Nancy is a loving and responsible parent and that Laura is equally loving and responsible in her dealings with Galen. In addition to their own affidavits, the petitioners filed affidavits from family members, including affidavits from the mothers of both petitioners (it appears that at least Nancy’s father is deceased), brother and sisters, nephews, nieces, and a cousin. The affidavits describe the close bond between Galen and both of the petitioners, and the acceptance of Galen into a warm, welcoming, and loving extended family. There were affidavits filed by friends and colleagues of the petitioners whose observations, in every case based on personal knowledge, describe the stability of the relationship between the petitioners and the stable home environment for Galen. The petitioners [203]*203also submitted three supportive affidavits from medical professionals, including one from Galen’s pediatrician and one from a pediatric nurse who had observed Galen and the two women on numerous occasions.

Recognizing, as we do, that the affidavits were submitted by individuals supportive of the petitioners’ wish to adopt Galen, we nevertheless observe that there is no suggestion in any affidavit that hints at any possibility that Galen is being raised in anything but a stable, supportive, and loving home environment, at the center of which are Nancy and Laura, and which extends broadly to their immediate families, close friends, and colleagues.

2. We consider first the petitioners’ claim under G. L. c. 210, § 2A. That section provides that a petition for adoption of a child below the age of fourteen years must be approved in writing by the department, or an agency authorized by it, unless one of four statutory conditions is met. On appeal, the petitioners argue that the decision of the judge ordering the department to undertake a home study implies that unmarried copetitioners must each meet one of the statutory conditions. The judge’s order is not entirely clear in this respect, but is at least susceptible to the interpretation suggested by the petitioners. Confusion may have arisen because in Adoption of Tammy, 416 Mass. 205, 213 n.6 (1993), where we concluded that it was permissible for the natural mother and another woman to adopt a child, both women were “blood relatives” of the child because the mother had been artificially inseminated with the sperm from a male relative of the other woman. In that case both petitioners met the requirements of G. L. c. 210, § 2A (B).

In Tammy, we did not mean to suggest that it is a statutory requirement that both petitioners meet one of the conditions of G. L. c. 210, § 2A. See, e.g., Adoption of a Minor (No. 2), 367 Mass. 684, 686-687 (1975), in which the copetitioners were the child’s paternal grandmother (a “blood relative”) and her husband who did not satisfy any of the statutory conditions. For purposes of G. L. c. 210, § 2A, where a decree of adoption is sought by copetitioners, it is necessary for only one of the petitioners to satisfy one of the conditions specified in G. L. c. 210, § 2A (A)-(D). In this case Nancy satisfies the requirements of § 2A (B); as the natural mother of Galen, she is a “blood relative of the child sought to be [204]*204adopted.” See Curran, petitioner, 314 Mass. 91, 95 (1943) (mother may petition to adopt her own natural child).

3. We turn now to consider the application of G. L. c. 210, § 5A, to this case. That section provides that in every petition for adoption of a child under the age of fourteen years (as Galen is here) the department shall make “appropriate inquiry to determine the condition and antecedents of the child for the purpose of ascertaining whether he is a proper subject for adoption and to determine whether the petitioners and their home are suitable for the proper rearing of the child.” The section further provides that within a specified period of time the department shall submit to the court a written report “as will give the court full knowledge as to the desirability of the proposed adoption.” The legislation mandates that no decree should be made on a petition for adoption of a child under the age of fourteen years “until such report has been received,” but further provides that the court may waive the requirements of a home study “in the case of a petition for the adoption of a child of one of the parties petitioning for said adoption.” G. L. c. 210, § 5A, third par. Because Galen is the child of Nancy, one of the parties petitioning for his adoption, the court had the discretion to waive the requirements of a home study by the department.

The petitioners argue that the judge abused her discretion. We are not, on this record, able to ascertain whether the petitioners are correct. In denying the motion to waive the home study, the judge noted that a home study “serves an important purpose” as it “assists the Court in determining whether an adoption should be allowed by providing, through independent child welfare professionals, relevant information about the child, parents and the home.” She noted that the “only evidence” was submitted by the petitioners. She gave no further explanation for her decision.

We recognize, of course, that a home study “serves an important purpose,” but a purpose that the Legislature said could be waived where, as here, one of the parties petitioning for adoption is a parent. Similarly, we recognize that the “only evidence” presented to the judge was evidence submitted by the petitioners. That ordinarily would be the case in every instance where a waiver is granted. Similarly, we agree that a judge may be assisted when “relevant” information about the child, parents, and home is provided through inde[205]*205pendent child welfare professionals, but that information is not available in any case where a waiver is granted.

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Bluebook (online)
680 N.E.2d 70, 425 Mass. 201, 1997 Mass. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adoption-of-galen-mass-1997.