Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in New Hampshire may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the
important parts of New Hampshire child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Advertising in Adoptive Placements
Citation: Rev. Stat. § 170-E:39
A child-placing agency licensed or operating under a permit issued by the department may publish advertisements of the services for which it is specifically licensed or issued a permit under this subdivision.
No person who is required to obtain a license or permit under this subdivision may advertise or cause to be published an advertisement soliciting or offering a child for placement unless the person has
obtained the requisite license or permit.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 170-B:13(I)
Reasonable counseling, medical, and legal fees, that shall be paid directly to the provider of the services
Reasonable expenses for transportation, lodging, clothing, and meals incurred for the placement of the minor
Reasonable living expenses of the birth mother to maintain an adequate standard of living when the mother is unable to due to loss of wages caused by the pregnancy or delivery
Reasonable expenses for adoption services, that shall be paid directly to the agency
Birth Parent Expenses Not Allowed
Citation: § 170-B:13(I)(d)
Reasonable expenses shall not include:
Gifts over $50
Educational expenses
Living expenses beyond 6 weeks following delivery
Other payments for the monetary gain of the birth parent
Allowable Payments for Relinquishing Child
Citation: § 170-B:13(II)
A contract cannot be made to require reimbursement of payments when the birth parent refuses to or withdraws consent to adoption.
Accounting of Expenses Required by Court
Citation: § 170-B:19(V)
The petitioner shall file with the court an affidavit listing the amount of fees and other charges paid, or on behalf of, birth parents, physicians, attorneys, or to any other person in connection with
the adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Stat. § 170-B:5
A surrender of parental rights shall be obtained from:
The birth mother, provided that if she is under age 18, the court may require the assent of her parents or legal guardian
The legal father, provided that if he is under age 18, the court may require the assent of his parents or legal guardian
The birth father, provided that he was found to be entitled to notice and that if he is under age 18, the court may require the assent of his parents or legal guardian
The legal guardian of the child, if both birth parents are deceased or have surrendered their rights
The department or any licensed child-placing agency that may been given the care, custody, and control of the child
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. § 170-B:3
If the child is age 14 or older, he or she must assent to the adoption unless the court determines that it is not in the best interests of the child to require assent. Such an assent shall be executed
by the child in writing and signed in the presence of the court in which the petition for adoption has been filed.
When Parental Consent is not Needed
Citation: Rev. Stat. § 170-B:7
Surrender of parental rights is not required of:
The alleged father who has not met the requirements of § 170-B:5(I) or § 170-B:6
A parent whose parental rights have been voluntarily or involuntarily terminated by a court in another State
An alleged father who is found not to be the father
Any parent of the person to be adopted, if the person is an adult
A parent whose parental rights have been terminated
An alleged father who is convicted of an offense under §§ 632-A:2, 632-A:3, 632-A:4, or 639:2 that resulted in the conception of the child
Parents whose parental rights have been determined to be voluntarily or involuntarily terminated by the proper authorities in another country, such determination to be evidenced by documentation issued
by the U.S. Department of Justice or the U.S. Department of State and deemed acceptable by probate court rule
When Consent Can Be Executed
Citation: Rev. Stat. § 170-B:8
No surrender shall be taken until a passage of a minimum of 72 hours after the birth of the child.
Revocation of Consent
Citation: Rev. Stat. § 170-B:12
A parent wishing to withdraw a surrender shall notify the court in writing where the surrender was taken. Notification shall be prior to the entry of the final decree. A surrender may not be withdrawn
unless the court finds that:
The parent seeking to withdraw his or her surrender has proven by a preponderance of the evidence that the surrender was obtained by fraud or duress.
The withdrawal of the surrender is in the best interests of the adopted person. In making this determination, the court may consider every facet of each parent's life.
The court shall notify any other party who has surrendered rights to the child of the issuance of its order granting the withdrawal of such surrender. The party shall have 30 days from the date of the
register's notice of decision to request in writing to the court that his or her surrender be withdrawn as well. The 30-day time period to file such a request shall not be extended by the court absent
a showing of good cause.
A surrender may not be withdrawn after the entry of the final decree of adoption for any reason.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 170-B:6 [Effective January 5, 2005]
The putative father may file before the child's birth, but shall file prior to the birth mother's parental rights being surrendered or involuntarily terminated.
The putative father must complete an Office of Child Support Services form.
The putative father has 30 days from the date of notice to request a hearing to prove that he is the father.
Please visit adoption law in New Hampshire for more details. |