We divorced and remarried — can my spouse adopt my child now in New Hampshire?

Yes. If you are now married to your child's parent, you are in the position of a stepparent who can ask the New Hampshire Circuit Court for an adoption. How an earlier divorce fits into your particular situation is something the Circuit Court clerk in your county can confirm, but here is what New Hampshire's rules look at.

Your current marriage: The adoption petition is built around your spouse joining you as the child's parent (RSA 170-B:4). The details of your family's past are best confirmed with the clerk or an attorney if anything about your history is unusual.

Where you file: The Circuit Court. New Hampshire has 10 counties, and you file in yours. Cities such as Manchester, Nashua, Concord, Derry and Rochester each fall within a county court's area.

New Hampshire specifics that apply to you:

• Residency: New Hampshire sets no minimum residency period for this adoption (RSA 170-B:15, I).
• Your child's consent: A child who is 14 or older must give consent (RSA 170-B:3, I). For a younger child, the clerk can explain how the court handles the child's role.
• The other legal parent: If your child has another legal parent, that parent's rights must be addressed. In New Hampshire, termination of parental rights is handled separately from the adoption itself. The abandonment period is 6 months (RSA § 170-C:5). Whether it applies depends on your facts, so for a contested case, or if the other parent is unknown or cannot be found, ask the clerk or an attorney about your specific situation.
• Home study: It is waived for stepparent adoptions (RSA § 170-B:18).
• Timeline: Stepparent adoptions in New Hampshire typically take 3-6 months.
• Court fees: The filing fee is set by the court, so the clerk in your county can tell you the current amount.

After the adoption: Once you have a final decree, the New Hampshire Division of Vital Records Administration is the agency to ask about your child's birth record. The clerk can tell you what paperwork it needs from you.

What to sort out first: Before you file, it helps to gather answers to a few simple questions:

• Is your child 14 or older?
• Does your child have another legal parent, and where are they?
• Has that parent consented, or is the situation different?
• Which county do you live in?

If any of these has a complicated answer, that is the point to get advice from the clerk or an attorney, rather than assuming how it will be treated.

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. Court-ready documents are delivered within 24-48 hours after you finish the questions, and our 100% court acceptance guarantee applies.