Can a same-sex stepparent adopt in New Hampshire?

Yes. A same-sex stepparent in New Hampshire can ask the Circuit Court to adopt their spouse's child, and the steps below are the ones the court looks at for any stepparent adoption under New Hampshire Revised Statutes Chapter 170-B.

What the process looks like for you

• Adopter age: Adopters must be adults, meaning 18 or older (RSA 170-B:4).
• Residency: New Hampshire has no minimum residency period for filing (RSA 170-B:15, I).
• Child's consent: A child who is 14 or older must consent (RSA 170-B:3, I).
• Home study: The home study is waived for stepparent adoptions (RSA § 170-B:18).
• The other legal parent: Their consent, or a basis for proceeding without it, is part of the case. New Hampshire's abandonment period is 6 months (RSA § 170-C:5). Termination of a parent's rights is a separate step from the adoption petition.
• Where you file: The Circuit Court, in the county where you file. New Hampshire has 10 counties, and the clerk can tell you which location handles your case.
• Timeline: Stepparent adoptions in New Hampshire typically take 3-6 months.

Common family situations

• Wife adopting wife's child, or husband adopting husband's child: The steps above apply in the same way, whether the child was born or adopted before your relationship or is the biological child of your spouse.
• A child with a second legal parent: If the child has another legal parent, you will need that parent's consent or a lawful way to proceed without it. This depends heavily on the facts, such as how the child was conceived, whether a donor was involved, or whether the other parent can be located. Talk to an attorney or the Circuit Court clerk about your specific circumstances.
• Unmarried couples: New Hampshire law on adoption by an unmarried partner should be confirmed with the Circuit Court clerk or an attorney before you plan around it.

Details to confirm with the clerk

Filing fees, local forms, and scheduling vary, so ask the Circuit Court clerk in your county for the current fee and hearing details. Questions about updating your child's birth certificate after the adoption can go to the New Hampshire Division of Vital Records Administration.

If you hit a problem

If you feel you were treated unfairly at any point, write down what happened and who was involved. An attorney or an LGBTQ+ family law organization can help you decide what to do.

How we help

StepParent Adoption 360 is a document preparation service, not a law firm.