NEWHAMPSHIRE

 Any single person who is neither a minor nor a homosexual may adopt. Ahusband and wife may adopt together; however, one spouse may adopt without theother spouse if they are legally separated, if one spouse is unreasonablywithholding consent to the adoption, or if one spouse is the natural parent.In addition, foster parents may adopt.

Who Can Be Adopted?

 Any individual may be adopted.

Consent to Adoption

 Written consent to adoption must be obtained from the following parties in thepresence of the court:

 (1) both natural parents, natural father if found entitled to notice aconsent;

 (2) if the unwed mother is under 18 years of age, her parent or guardian mayalso be required to consent;

 (3) the legal guardian;

 (4) the child-placing agency who has custody of the adoptee;

 (5) the spouse of the adoptee; and

 (6) the adoptee, if 12 years or age or older.

 Any of the following persons have a right to a hearing to prove paternity, ifrequested within 30 days after the date of notice :

 (1) a person named by the natural mother;

 (2) a person who claims to be the father and who has filed notice with theOffice of Child Support Enforcement; or

 (3) a person who is living with the child or the child's mother and isproviding support to the mother or child.

 The burden of proof for paternity lies with the putative person requestingsuch a hearing. Failure to request a hearing within 30 days shall result in aforfeiture of all parental rights and any right to notice of any adoptionproceedings concerning the child.

 The following are persons who need not consent:

 (1) a parent who has been judged to be incompetent, mentally ill or retarded,or in any way deemed to be mentally deficient;

 (2) the unwed father who has not met the above paternity requirements;

 (3) a parent whose rights have been terminated; or

 (4) a parent of an adult adoptee.

 Consent to adoption cannot occur until at least 72 hours after the birth ofthe child. Consent may not be withdrawn after the final decree of adoption hasbeen entered unless it was obtained by fraud or duress. Prior to the time thefinal decree is entered, consent may be withdrawn if the court finds that it isin the best interest of the child.

Confidentiality

 All adoption proceedings are to be held in closed court. All recordspertaining to the adoption can only be inspected upon written consent from thecourt. On the request of the adoptee over 21 years of age or the adoptiveparent, nonidentifying information may be released. With the natural parent'sconsent, an adoptee over 21 years of age may obtain identifying informationabout the natural parent. This consent to release information is revocable atany time.

Permissible Fees

 The adoptive parents must file a statement with the court listing all fees orother charges paid to the birth parents, physicians, attorneys, or any otherperson in connection with the adoption.

Place of Adoption Hearing

 The adoption hearing may take place in the county where the adoptive parentlives, or where the adoptee lives. The court may transfer the hearing toanother court within the State in the interest of substantial justice.

Authority To Place Child

 The Division for Children and Youth Services or any agency or person licensedto place minors for adoption may place a child.

Relative Adoption

 The home investigation may be waived by the court in a relative or stepparentadoption.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

New Hampshire Bar Association
112 Pleasant Street
Concord, NH 03301
(603) 224-6942

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