Overview of Adoption

in New Hampshire

How adoptions are handled in New Hampshire is governed by RSA 170-B. The overarching goals of the law are to protect the child, the birth parents and the adoptive parents. Sometimes all of these parties have the same goals. Sometimes they do not. However, in all cases the law seeks to balance each party’s rights and interests, with an emphasis on the best interest of the child.

The Child. First, the law protects the child by prohibiting inappropriate individuals from adopting. All individuals seeking to adopt, must submit to a background check of their criminal history, as well as any child protection complaints or cases that may have been filed. In most cases the prospective adoptive parent(s) will also be subject to a home-study. A home-study looks not only at whether the prospective adoptive home is suitable, but whether the prospective adoptive parent(s) are suitable and makes recommendations to the court about whether the adoption is in the child’s best interest.

Second, the court also considers whether the child should be separated from the birth parents. Parents do not get to just “opt out” of parenting, unless there is someone to adopt the child. Of course, in cases of abuse and neglect the State will step in.

The Birth Parents. The law looks to protect the birth parents by making sure that they are aware of their legal rights, are not coerced into giving up a child, and are making thoughtful and informed decisions. Under no circumstances can a birth parent execute a surrender of rights within the first 72 hours after the child’s birth and they must be informed that counseling is available to them. Notice to the birth father is required, so that an adoption does not occur without his knowledge and consent.

If the birth parent(s) are agreeing to the adoption and are surrendering their rights then the court will appoint them an attorney. The attorney’s fee will be paid for by the prospective adoptive parent(s). If the birth parent(s) are not agreeing to the adoption, then their parental rights must be terminated in the family division of the circuit court. In that case, if they cannot afford to hire an attorney, the court will appoint them an attorney, at the state’s expense.

The Adoptive Parent(s). New Hampshire law allows married couples and individuals to adopt. There is no prohibition based on sexual identity. The adoption process can be very emotional and lengthy. The prospective adoptive parent(s) may go through quite a bit of uncertainty before an adoption is final. Once the adoption is approved though the law protects them by ensuring them an undisturbed relationship with the child from and after the date of adoption.

Step-Parent Adoption. It is very common for a step-parent to want to adopt his or her spouse’s child. In order to do so, the spouse must agree, as well as the child, if the child is over the age of 14. Unlike some states, New Hampshire has not yet recognized 3-parent situations. Accordingly, the child’s other parent must either be deceased or agree to surrender his or her parental rights, or the court must terminate his or her parental rights.

In New Hampshire the Circuit Court – Probate Division has jurisdiction over step-parent adoptions, unless there was a reason for the Family Division to already be involved in the case. For instance, if the parental rights on the other parent needed to be terminated, that action would have to go first and occurs in the Family Division. Once the parental rights are terminated, the Court will then approve the step-parent adoption.

Second Parent Adoption. A second-parent adoption is most common when the non-biological parent of same-sex couple seeks to establish or solidify his or her parental rights. In this situation, the couple likely utilized assisted reproductive technology to conceive a child using the gametes of one partner and gametes from either a sperm or egg donor. A second parent adoption is absolutely necessary when the couple is not married, and highly recommended for a married couple, as not all states may recognize the non-biological parent. Laws vary tremendously from state to state (not to mention internationally) and the only way to ensure that the non-biological parent will be treated as a parent is through a second parent adoption.