Can I adopt my special needs stepchild in New Hampshire?

Yes, you can pursue adopting your stepchild in New Hampshire through the Circuit Court, and the steps below apply whether your child has special needs or not. The New Hampshire rules we work from don't set out a separate process for children with disabilities. If you wonder whether your child's situation changes anything, the Circuit Court clerk in your county can confirm it.

If your stepchild is a minor

• Residency: New Hampshire has no minimum residency period for this adoption (RSA 170-B:15, I).
• Child's consent: A child who is 14 or older must consent (RSA 170-B:3, I). If your child's disability affects their ability to understand or sign, how the court handles that is a question for the clerk or an attorney.
• Home study: It is waived in stepparent adoptions (RSA § 170-B:18), so you don't have to schedule one.
• The other legal parent: The other parent generally needs to consent. If they won't, New Hampshire uses a 6-month abandonment period (RSA § 170-C:5), and terminating their rights is a separate step. Whether it applies depends entirely on your facts, so an attorney should look at contested or unknown-parent situations.
• Timeline: Stepparent adoptions in New Hampshire typically take 3-6 months.

If your stepchild is an adult (18 or older)

Adult adoption is permitted in New Hampshire, with no relationship or age-gap requirement listed. Here is what the process involves:

• The adoptee must assent in writing, signed in the presence of the court, unless the court finds that requiring assent is not in the adoptee's best interests.
• A parent of an adult adoptee does not have to surrender parental rights.
• A hearing is required, and the petitioner and adoptee must appear unless excused for good cause.
• A home study is not mandatory, though the court may order