Can a stepfather adopt his wife's child in New Hampshire?

Yes, a stepfather can adopt his wife's child in New Hampshire. Stepparent adoption is a routine use of the adoption process, and the petition is filed in the Circuit Court. Here is what to know before you start.

Who can adopt. Adopters must be adults, meaning 18 or older (RSA 170-B:4 and RSA 170-B:2, I and XI). Your wife's role as the child's parent, and how she joins or assents to the petition, is addressed in RSA 170-B:4.

Residency. New Hampshire sets no minimum residency period before you can file (RSA 170-B:15, I). You do not need to wait out a set number of months.

Your stepchild's consent. A child who is 14 or older must give their own consent (RSA 170-B:3, I). For a younger child, the court looks at what is best for them, and the clerk can explain how that works at the hearing.

The biological father. This is usually the most important question in a stepfather adoption, and the answer depends on your family's facts.

• If he agrees, the process is generally simpler.
• If he has had no contact, New Hampshire's abandonment period is 6 months (RSA § 170-C:5).
• Ending a parent's rights is handled as a separate step from the adoption itself.
• If he objects, if you aren't sure where he is, or if the child's father is unknown, talk to the Circuit Court clerk in your county or to an attorney about your specific situation.

Home study. New Hampshire waives the home study for stepparent adoptions (RSA § 170-B:18). You will not need to go through that assessment.

Timeline. A stepparent adoption in New Hampshire typically takes about 3-6 months. Contested cases or missing paperwork can take longer.

Court and fees. New Hampshire has 10 counties, and you file in the Circuit Court that serves yours. Filing fees and local filing details are best confirmed with that court's clerk. After the adoption, the New Hampshire Division of Vital Records Administration is the agency to ask about updating the child's birth record.

A quick checklist before you file:

• Confirm you are married to the child's mother and that she is on board.
• Find out whether your stepchild is 14 or older and needs to give consent.
• Decide how the biological father's rights will be handled, and get the clerk's or an attorney's guidance if it is anything other than a simple agreement.
• Gather the child's birth certificate and your marriage information.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The price is $349 for the first child and $99 for each additional child.