In re Adoption of DaphneAnnotate this Case
The Supreme Judicial Court vacated the decision of the probate and family court judge's dismissal of Petitioner's third petition for adoption due to lack of jurisdiction, holding that the probate and family court had both subject matter jurisdiction and personal jurisdiction.
Petitioner was the biological father of the child at issue and was named as the child's parent on her birth certificate. Petitioner lived outside of the United States with his same-sex partner and the child, where the child was born outside of marriage to a gestational carrier, the child's birth mother, who lived in Massachusetts. Mother signed a surrender form indicating her desire to surrender the child to the care and custody of Father. Thereafter, Father filed three petitions in the probate and family court seeking to establish his status as the child's sole legal parent. Each petition was rejected. Father appealed the denial of his third petition, which was rejected on the basis that the court lacked jurisdiction. The Supreme Judicial Court vacated the judgment, holding that the probate and family court had subject matter jurisdiction under Mass. Gen. Laws ch. 210, 1 and personal jurisdiction over the parties in this case.