Confirmatory Adoption in New Hampshire: How-To Guide

New Hampshire’s legislature updated its adoption laws in 2020 and created a statutory right for New Hampshire parents who had their children through assisted reproduction to confirm their parental rights by obtaining a decree of adoption, by adding RSA 170-B:4, VI. The bill passed with bipartisan support. This guide summarizes the qualifications, requirements, and steps for confirmatory adoption in New Hampshire.* 

In New Hampshire, you can also get a parentage judgment.  More information about that route to parentage is available in our Resource for New England Parents. 

Why Adopt?

  • An adoption decree is a legal confirmation of the parent-child relationship that must be respected by other states. It cannot be revoked or undone once the final decree is issued.
  • Adoption secures a legal parent-child relationship which carries with it access to important rights and benefits.

Who is Eligible?

Parents qualify for confirmatory adoption when a child is born as a result of assisted reproduction and:

  • A person, regardless of marital status, consented to the performance of assisted reproduction with the intent to parent the resulting child
  • There are no competing claims of parentage.

New Hampshire law does not require either parent to have a genetic connection to the child. Donor sperm, donor egg, or donor embryo may be used.

What is Required?

Parents seeking confirmatory adoption will need to provide the following forms (forms and instructions are available at any NH Circuit Court or at www.courts.nh.gov):

(1) Petition for Adoption of a Related Minor Child (NHJB-3198-FP)

  • “Petitioner A” must be the parent that is seeking to confirm legal parentage, usually the non-birth/non-genetic parent.
  • An assent of the child must be provided if the child is 14 years or older (RSA 170-B:3, 1).
  • “Petitioner B” is optional, may be the genetic or birth parent.
  • Petitioner A’s spouse must assent

(2) Vital Records Report Relative to Birth Certificate (VS-37)

  • The “Adoptive Mother/Parent A” and “Adoptive Father/Parent B” shall be as the “Mother/Parent A” and “Father/Parent B” are listed on the child’s birth certificate.
  • The “Auspices of Adoption” (Item 12) is “Confirmatory Adoption”

(3) Background checks or a written motion requesting Waiver of Assessment (home study) and related background checks

(4) Certified Copy of the Child’s Birth Certificate

(5) Filing Fee of $150.00 per petition (one petition per child):

(6) An In-Person Hearing in which it is mandatory that the parents and the child attend.

What May Be Required?

Unless waived by the court pursuant to RSA 170-B:18, III, in which one of the adoptee’s parents will remain a parent, the court may require:

  • an investigation or home study;
  • a criminal history records check (DSSP256);
  • a department of health and human services record check (NHJB-2171-FP)
  • Driver’s License or other identifying document
  • Interstate Putative Father Registry Information form (NHJB-2190-FP)

Do I Need an Attorney?

  • No. Parents can secure confirmatory adoption without an attorney, however it can be helpful in navigating the process as there can be some variation by court/judge and because it is helpful to have a lawyer assist you in waiving the requirements listed above.
  • Parents should familiarize themselves with the statute (RSA 170-B)
  • If parents have questions or need referrals for a lawyer to help, contact GLAD Answers.

What are the Steps?

(1) Filing. Petitioners file a petition with the New Hampshire Circuit Court Probate Division, including all forms listed above. Forms may be delivered by mail or in-person. E-filing is not available for adoptions.

(2) Adoption. Provided all forms are completed correctly, the Court will schedule a hearing.

  • Petitioners will receive confirmation by mail, typically within 4-6 weeks.
  • Notice of the date of the hearing will be received at least 4 weeks prior to the hearing.
  • It is optional to have additional family and friends attend the hearing.

Questions?

If you have further questions about confirmatory adoption, contact GLAD Law Answers.

*Please note that this guide is provided for informational purposes only, and it does not constitute legal advice or form an attorney/client relationship.