What are the adoption laws in New Hampshire?

New Hampshire stepparent adoption is governed by New Hampshire Revised Statutes Chapter 170-B, and it is handled by the Circuit Court in your county (the state has 10 counties). A stepparent can adopt a spouse's child, and the process has no minimum residency period and no home study.

Where you file: Your case goes to the Circuit Court. The clerk in your county can confirm local filing steps and the current filing fee, since fees are not set out here.

Residency: New Hampshire has no minimum residency period before you can file (RSA 170-B:15, I).

Who can adopt: Adopters must be adults, meaning 18 or older (RSA 170-B:4 and RSA 170-B:2, I and XI).

Child's consent: A child who is 14 or older must consent to the adoption (RSA 170-B:3, I).

Home study: Home studies are waived in stepparent adoptions (RSA § 170-B:18), so you generally won't need a social worker to visit your home.

Parental rights and abandonment: If the other legal parent does not consent, the case becomes more complicated. Termination of parental rights is a separate step in New Hampshire. The abandonment period is 6 months (RSA § 170-C:5). Whether it applies to you depends on your facts. If the other parent is contesting, cannot be found, or has been out of the picture, talk to the Circuit Court clerk or an attorney about your specific situation.

Timeline: A stepparent adoption typically takes about 3-6 months from filing to a final decree.

Adult adoption: New Hampshire also allows adults to be adopted, and the statute says any individual may be adopted. Some details:

• The adoptee, if 14 or older, must assent in writing in the presence of the court, unless the court finds that requiring assent is not in the adoptee's best interests.
• If the adoptee is married, the adoptee's spouse must also assent, though the court may waive this for good cause.
• If the petitioner is married, the petitioner's spouse joins or assents (RSA 170-B:4).
• A parent's surrender of rights is not required when the adoptee is an adult.
• A home study is not mandatory, though the court may order an assessment.
• A hearing is required. 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.
• These cases often finish in about 4-8 weeks.

After the adoption: Questions about updated birth records go through the New Hampshire Division of Vital Records Administration. The Circuit Court clerk can tell you what paperwork to bring.

Next steps: Every family's situation is different, especially when the other parent's consent or whereabouts are in question. The court clerk or a New Hampshire attorney can answer those specific points.

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