Adoption of Marlene

822 N.E.2d 714, 443 Mass. 494, 2005 Mass. LEXIS 79
CourtMassachusetts Supreme Judicial Court
DecidedFebruary 17, 2005
StatusPublished
Cited by20 cases

This text of 822 N.E.2d 714 (Adoption of Marlene) 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 Marlene, 822 N.E.2d 714, 443 Mass. 494, 2005 Mass. LEXIS 79 (Mass. 2005).

Opinion

Cowin, J.

In this case, we consider the effect of a parent’s consent to adoption on that parent’s duty to support his or her child. The child involved here, whom we shall call Marlene, was the subject of a care and protection petition, and after her attorney petitioned for child support on her behalf, her father voluntarily consented to her adoption under G. L. c. 210, § 2. A judge in the Juvenile Court granted the child’s motion for [495]*495support, and the father appealed from that order, arguing that a § 2 consent to adoption terminates the entire parent-child relationship, including the parent’s obligation to support the child. We granted the father’s application for direct appellate review. We conclude that a parent’s consent to adoption of his or her child under G. L. c. 210, § 2, does not terminate the parental duty to support the child.

Facts. The facts underlying this appeal are not in dispute. On February 6, 2003, the Department of Social Services (department) filed a care and protection petition, see G. L. c. 119, § 24, seeking temporary custody of Marlene.1 The basis for the petition was alleged physical abuse of Marlene by her father. One week later, the father waived his right to a hearing to contest the award of temporary custody. Shortly thereafter, a Juvenile Court judge awarded temporary custody of Marlene to [496]*496her stepsister. Marlene was later placed in a “Planned Permanency Living Arrangement.”2 Adoption was never sought for Marlene, and the department’s original plan was reunification between the father and the child.

The issue of support for the child developed as follows. On March 14, 2003, after Marlene was placed in the temporary custody of her stepsister, the child, by her attorney, moved for an order, pursuant to G. L. c. 119, § 28,3 for child support from her father.4 On March 18, 2003, the father signed an adoption surrender that complied with the requirements of G. L. c. 210, § 2, which provides that a parent can consent to the adoption of his or her child, and waive all right to further notice of proceedings involving the child’s custody, guardianship, adoption, or other disposition.5 The statute also contains the wording for the [497]*497form by which a parent consents to adoption,6 and the form the father signed was in the statutory language. In accordance with the statutory mandate “[a] copy of said consent [was] filed with the department.” See G. L. c. 210, § 2. Although nothing in the statute requires a court filing, on April 8, 2003, the father filed a copy of the adoption surrender with the court. Concerned about a lack of authority to order child support after a voluntary surrender, the judge declined to order support from the father.

On June 19, 2003, the judge reversed herself and allowed the child’s motion for support, requiring the father “to file a financial statement with probation and to pay [c]hild [s]upport consistent with the Child Support Guidelines.” The judge later issued findings of fact and conclusions of law in support of her order, holding that a § 2 consent could not relieve the father of his child support obligations. The father appealed from the order, and child support proceedings were stayed pending resolution of this issue.

Discussion. We have not had occasion to determine whether the filing of a voluntary consent to adoption under G. L. c. 210, § 2, terminates a parent’s obligation of child support. In interpreting § 2, we look first to the language of the statute. “[Statutory language is the principal source of insight into legislative purpose.” Local 589, Amalgamated Transit Union v. Massachusetts Bay Transp. Auth., 392 Mass. 407, 415 (1984), quoting Bronstein v. Prudential Ins. Co., 390 Mass. 701, 704 (1984). When the words of a statute are clear, they are to be given their ordinary and natural meanings. Bronstein v. Prudential Ins. Co., supra, citing Hashimi v. Kalil, 388 Mass. 607, 610 [498]*498(1983). If the meanings are unclear, the statute must be interpreted “according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Telesetsky v. Wight, 395 Mass. 868, 872 (1985), quoting Commonwealth v. Galvin, 388 Mass. 326, 328 (1983). In addition, “a statute should be read as a whole to produce an internal consistency.” Telesetsky v. Wight, supra at 873.

Section 2 does not mention the word “support,” and makes no reference to any other section that addresses the topic. Hence, any relationship between § 2 and a parent’s duty to support exists only by inference. The father asks us to infer that the Legislature intended that the language of § 2 terminate this statutory obligation. We decline to do so.

In interpreting § 2, we start from the proposition that parents have a preexisting obligation to support their children. This duty to support “has existed by statute in some form since as early as 1692.” T.F. v. B.L., 442 Mass. 522, 532 (2004), citing Commonwealth v. Chase, 385 Mass. 461, 469 (1982), and Province Laws 1692-1693, c. 18, § 5. Over time, the Legislature has created a comprehensive statutory system governing child support, imposing that obligation on any parent who acknowledges paternity or is adjudicated to be the father. See T.F. v. B.L., supra at 532 (duty to support minor child is statutory and longstanding). This responsibility is imposed by several statutes. See, e.g., G. L. c. 119A, § 1; G. L. c. 208, § 28; G. L. c. 209, § 37; G. L. c. 209C, § 9. Our cases have acknowledged as much. See T.F. v. B.L., supra', L.W.K. v. E.R.C., 432 Mass. 438, 443 (2000). Thus, when a parent consents to adoption of a child under § 2, such consent must be viewed in terms of the preexisting duty of support toward that child.

Section 2 says nothing and implies nothing concerning the termination of a parent’s support obligations. The statutory consent form is very limited and precise. It states that the parent “voluntarily and unconditionally surrender[s] (child) to the care and custody of (agency or person receiving custody) for the [499]*499purpose of adoption or such other disposition as may be made by a court of competent jurisdiction.” It also provides for a “waive[r] [of] notice of any legal proceeding affecting the custody, guardianship, adoption or other disposition of (child).” G. L. c. 210, § 2. The form has two effects. First, the parent grants to the specified agency or person custody of the child and consent to “adoption or such other disposition” of the child. Second, the parent thereby waives the right to notice of any legal proceeding that affects the “custody, guardianship, adoption or other disposition” of the child. This consent to custody and adoption and accompanying waiver of notice surrender important parental rights, but only those specific rights.

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Bluebook (online)
822 N.E.2d 714, 443 Mass. 494, 2005 Mass. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adoption-of-marlene-mass-2005.