New Hampshire Adoption Laws, Page 3

Who Must Consent to an Adoption

Statute: § 170-B:5
[Effective January 2, 2005]

  • The birth mother, provided that if she is under age 18 years, the court may require the consent of her parents or guardian
  • The legal and/or natural father, provided that if he is under age 18, the court may require the consent of his parents or guardian
  • The legal guardian, if both birth parents are deceased or have had their parental rights terminated
  • The department or agency having custody of the child

Age When Consent of Adoptee is Considered or Required

Statute: § 170-B:3
[Effective January 2, 2005]

  • A child 14 years of age or older must consent to the adoption, unless the court decides that is not in the best interests of the child to require consent.

When Parental Consent is not Needed

Statute: § 170-B:7
[Effective January 2, 2005]

  • An unwed father has failed to establish paternity.
  • A parent's rights have been voluntarily or involuntarily terminated.

When Consent Can Be Executed

Statute: § 170-B:8
[Effective January 2, 2005]

  • No consent is valid until at least 72 hours after the child's birth.

How Consent Must Be Executed

Statute: §§ 170-B:9; 170-B:10
[Effective January 2, 2005]

  • Any parent surrendering rights must be represented by legal counsel.
  • Relinquishments shall be executed through an agency or the department.
  • Consent must be in writing and executed in court or before an authorized person.
  • In agency placements, consent can be executed before an authorized representative.
  • At the time of relinquishment, the parent shall file with the court an affidavit stating that the parent has been informed of available counseling services.
  • The surrendering parent shall file with the court medical and background information about the birth parents and the child.

Revocation of Consent

Statute: § 170-B:12
[Effective January 2, 2005]

  • A parent wishing to withdraw consent shall notify the court in writing prior to the entry of the final decree.
  • Consent may not be withdrawn unless the court finds that:

    • The parent seeking to withdraw his or her consent has proven by a preponderance of the evidence that the surrender was obtained by fraud or duress.
    • The withdrawal of consent is in the best interests of the child.
    • Consent may not be withdrawn after entry of the final decree for any reason.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

 

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