Can I adopt my stepchild if I'm in a same-sex marriage in New Hampshire?

Yes. If you are married to your stepchild's parent, including in a same-sex marriage, you can ask the New Hampshire Circuit Court to approve your adoption of your stepchild, and the steps below are the ones to follow.

Same process for your family. The requirements in New Hampshire's adoption law are built around your being an adult petitioner, 18 or older, and around the child's best interests. This guide covers the main points you will meet, and they are the same ones whether your marriage is same-sex or opposite-sex.

Where you file. Your petition goes to the Circuit Court. New Hampshire has 10 counties, and the clerk in your county can tell you about local filing procedures and the current filing fee.

Residency. New Hampshire sets no minimum residency period for this step (RSA 170-B:15, I). You do not need to have lived in the state for a set number of months before filing.

Your child's consent. If your stepchild is 14 or older, the child's own consent is part of the process (RSA 170-B:3, I). For a younger child, the court looks at the situation as a whole, and the clerk can explain how that works in practice.

The other legal parent. This is often the most fact-specific part of any stepparent adoption. In New Hampshire, ending the other parent's rights is a separate step from the adoption itself. If that parent agrees, the paperwork is usually simpler. If the other parent has been absent, the abandonment period referenced in RSA § 170-C:5 is 6 months. If the other parent is unknown, unreachable, or objects, how the court treats your situation depends on your facts. Please check with the Circuit Court clerk or an attorney about your specific case.

Home study. A home study is waived in a stepparent adoption (RSA § 170-B:18). You will not need to schedule a social worker visit just to have your petition considered.

Timeline. Stepparent adoptions in New Hampshire typically take about 3-6 months from filing to finalization. The exact pace depends on your court's calendar and on whether the other parent's rights are already resolved.

What to gather first:

• Your marriage certificate
• Your stepchild's birth certificate