Confirmatory Adoption in Nova 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 confirmar 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. 

Por que adotar?

  • Um decreto de adoção é uma confirmação legal da relação entre pais e filhos que deve ser respeitada por outros estados. Ele não pode ser revogado ou desfeito após a emissão do decreto final.
  • Adoption secures a legal parent-child relationship which carries with it access to important rights and benefits.

Quem é elegível?

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.

O que é necessário?

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 Poderia 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)

Preciso de um advogado?

  • 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 Respostas GLAD.

Quais são os passos?

(1) Arquivamento. 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.

Questões?

Se você tiver mais perguntas sobre adoção confirmatória, entre em contato Respostas da Lei GLAD.

*Observe que este guia é fornecido apenas para fins informativos e não constitui aconselhamento jurídico nem forma uma relação advogado/cliente.

Much appreciation to Chrissy Hanisco and her legal intern, Kelly McClymer, for their help with this resource.