How do I adopt an adult in New Hampshire?

You adopt an adult in New Hampshire by filing a petition in the Circuit Court in your county, getting the required written assents, and attending a hearing where the judge decides whether the adoption is in the best interests of the people involved. New Hampshire permits adult adoption under RSA 170-B:2, I and XI, which says any individual may be adopted and defines an adult as anyone who is not a minor (under 18).

Who can adopt: Adopters must be adults, meaning 18 or older (RSA 170-B:4). There is no required relationship between you and the adoptee, and no required age gap. If you are married and want to adopt on your own, the adoptee cannot be your spouse, and one listed circumstance must apply. One such circumstance is that your spouse assents and the adoptee is over 18.

Residency: New Hampshire has no minimum residency period for the adopter (RSA 170-B:15, I). The court has jurisdiction if the adoptee is present in the state when the petition is filed. A petition to adopt an adult may be filed at any time.

Consents you will need:

• The adoptee: Because the adoptee is 14 or older, they 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 (RSA 170-B:3).
• The adoptee's spouse: If the adoptee is married, their spouse must also assent, though the court may waive this for good cause.
• Your spouse: If you are married, your spouse joins or assents under RSA 170-B:4.
• The adoptee's parents: A surrender of parental rights is not required from a parent when the adoptee is an adult.

Home study: A home study is not mandatory for an adult adoption. The mandatory assessment provisions address minors, but the court may order an appropriate assessment if it wants help deciding whether the adoption is in the best interests of the people involved (RSA 170-B:18).

The hearing: A hearing is required. You and the adoptee must both appear unless the court excuses you for good cause. The court directs notice of the petition and hearing to anyone whose assent is required but has not been given. If the required assents are in place and the adoption is in the adoptee's best interests, the court may issue a final decree at the end of the hearing. There is no waiting period between an interim order and the final decree for adults.

Timeline: Adult adoptions here typically take about 4-8 weeks.

Questions to confirm locally: Filing fees, the specific Circuit Court location that handles your case, and local filing procedures can all be confirmed by the Circuit Court clerk in your county.