Adopting a Child in New Hampshire

Two adults together, an unmarried adult, or (in listed circumstances) a married adult without the spouse may adopt in probate court. A surrender of parental rights is generally required from the birth mother, the legal father, and a birth father entitled to notice, signed in writing in the presence and with the approval of the court, with the parent represented by separate counsel unless waived. An adoptee 14 or older must assent unless the court finds that is not in the adoptee's best interest. For agency and related-child adoptions, the Department of Health and Human Services or a licensed agency assesses the home and files a report within 60 days of the petition; in other adoptions of a minor, the adoptive parents must request an assessment at least 30 days before the child is placed.

A married adult may adopt without the spouse joining as a petitioner when the spouse is the child's parent and assents. The other parent must surrender parental rights unless an exception applies (for example, rights were terminated). The court may proceed to a hearing and decree without a home assessment when one of the child's parents will remain a parent.