What if the biological parent lives in another state — can I still adopt in New Hampshire?

Yes. A biological parent living in another state does not by itself stop you from pursuing a stepparent adoption in New Hampshire, and New Hampshire sets no minimum residency period you have to wait out first (RSA 170-B:15, I). The other parent's location mainly affects how that parent is contacted and how consent is handled.

What stays the same:

• Court: Stepparent adoptions are handled by the New Hampshire Circuit Court. The state has 10 counties, and the clerk in your county can confirm exactly which courthouse handles your filing.
• Residency: There is no minimum residency period under RSA 170-B:15, I, so you do not need to count months before filing.
• Your child's consent: If your child is 14 or older, their consent is part of the process (RSA 170-B:3, I).
• Home study: New Hampshire waives the home study in stepparent adoptions (RSA § 170-B:18).
• Timeline: Stepparent adoptions in New Hampshire typically take 3-6 months.

What depends on the other parent:

• A cooperative parent: If the parent agrees to the adoption, the practical question is how their consent paperwork is signed and returned from their state. The Circuit Court clerk in your county can tell you what the court requires for an out-of-state signature.
• A parent who won't consent or can't be found: New Hampshire law refers to a 6-month period in connection with abandonment (RSA § 170-C:5). Termination of parental rights is handled as a separate step in New Hampshire. Whether it applies to your situation depends on your facts, so check with the court clerk or an attorney.
• Giving the parent notice: How notice is delivered to a parent in another state, or to one whose address is unknown, is a question for the Circuit Court clerk or an attorney. The answer depends on your circumstances.