Can I adopt my stepchild in New Hampshire if I was previously married to someone else?

Yes. In New Hampshire, an earlier marriage is not something the adoption requirements tie to your eligibility. What matters is that you are an adult (18 or older) under RSA 170-B:4 and RSA 170-B:2, I and XI, and that your stepchild's parent, your spouse, joins in or assents to the adoption as RSA 170-B:4 provides.

What your past marriage does and doesn't change:

• New Hampshire's adoption chapter, New Hampshire Revised Statutes Chapter 170-B, sets out who may adopt by age, not by marital history.
• If your earlier marriage affects your situation in some other way, such as a custody order or children from that relationship, ask the Circuit Court clerk in your county or an attorney how it applies to your case.

What the Circuit Court looks at in a stepparent adoption:

• Residency: New Hampshire has no minimum residency period (RSA 170-B:15, I). The old idea of a 6-month residency requirement does not apply.
• Child's consent: A child who is 14 or older must consent (RSA 170-B:3, I).
• The other biological parent: Their rights must be addressed, either through their consent or through a finding of abandonment. New Hampshire's abandonment period is 6 months (RSA § 170-C:5). Termination is handled as a separate step, so ask the clerk how it works in your county. If the other parent is unknown, unreachable or opposes the adoption, the details depend on your facts, and an attorney can advise on that.
• Home study: It is waived for stepparent adoptions (RSA § 170-B:18).
• Best interests: As in every adoption, the court must be satisfied that the adoption serves your stepchild.

Timeline: Stepparent adoptions in New Hampshire typically take 3-6 months from filing to finalization.

Filing fees: The Circuit Court clerk in your county can confirm the current filing fee and any local filing practices. They can also tell you which paperwork they expect to see, including how your marriage is documented.

A practical tip: Be ready to explain your marital history honestly on any forms that ask. Keep copies of your current marriage certificate and of any divorce decree or other paperwork from earlier marriages. Having these together can save you time if the clerk asks questions.

Blended families come in many shapes, and a prior marriage is common. If you are raising this child and your spouse is the child's parent, you can take the next step.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.