Adoption of Vito

431 Mass. 550, 728 N.E.2d 292 (2000)

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Adoption of Vito

Massachusetts Supreme Judicial Court
431 Mass. 550, 728 N.E.2d 292 (2000)

Facts

Vito (a pseudonym) tested positive for cocaine at the time of his birth. The social services department (the department) (plaintiff) determined that Vito’s mother was abusive and neglectful. The department placed Vito with foster parents, who intended to adopt him. During the first three years of Vito’s life, he saw his biological mother once. The department, seeking to expedite Vito’s adoption, filed a petition to dispense with parental consent to the adoption. The family court denied the petition. Although the court deemed Vito’s biological mother to be an unfit parent, the judge expressed concern that the department’s adoption plan did not adequately provide for contact between Vito and his biological mother. More specifically, the judge was concerned that being raised by adoptive parents of a different race from that of his biological parents would negatively impact Vito’s development. The department appealed. The Massachusetts Supreme Judicial Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Marshall, C.J.)

Concurrence (Cowin, J.)

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