What if the biological parent lives in New Hampshire but I live in another state?

The other parent living in New Hampshire doesn't by itself decide where you file, and which state's court should hear your case is something to confirm with the Circuit Court clerk or an attorney before you file. New Hampshire law on that point depends on your family's facts, including where you and your child live. Here is what we can say about New Hampshire's rules, so you know what to expect if New Hampshire is the right place.

Residency: New Hampshire has no minimum residency period for adoption petitioners (RSA 170-B:15, I). So if your case belongs in New Hampshire, you don't have to wait out a residency clock first.

Which court: New Hampshire adoptions are filed in the Circuit Court, and the state has 10 counties. The clerk of the Circuit Court in the county involved can tell you whether that court can hear a case when you live in another state and where the filing should happen.

Consent from the child: If your child is 14 or older, New Hampshire requires the child's consent (RSA 170-B:3, I).

If the New Hampshire parent won't consent: New Hampshire uses a 6-month abandonment period (RSA § 170-C:5), and termination of parental rights is a separate step from the adoption itself. Whether that applies to your situation depends on the facts. If the parent is contesting, can't be found, or hasn't been in contact, talk to an attorney about your specific case.

Home study: For a stepparent adoption, New Hampshire waives the home study (RSA § 170-B:18). That helps if you live out of state, since you won't need to arrange for a home visit.

Serving or notifying the parent: How the New Hampshire parent must be notified, and whether a consent signed in another state is accepted, are procedural questions. The Circuit Court clerk can confirm the exact steps and any filing fee for your county.

Timeline: A stepparent adoption in New Hampshire typically runs 3-6 months.

Questions to ask the clerk:

• Can the Circuit Court hear my case if I live in another state?
• How must the New Hampshire parent be notified or served?
• What is the filing fee in this county?
• Will I need to appear in person?

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 cost is $349 for the first child and $99 for each additional child, and your court-ready documents arrive within 24-48 hours after you finish the questions. We back every package with a 100% court acceptance guarantee. We've helped 114 New Hampshire families and 34,000+ families nationwide since 2001.