New Hampshire Adoption Laws

New Hampshire state laws regulate the adoption process. This includes restrictions and requirements for adults who wish to adopt a child (or an adult, in some cases).

New Hampshire law allows eligible adults to adopt a child needing a permanent home. This article gives an overview of adoption laws in the state of New Hampshire.

Private vs. Public Adoption in New Hampshire

The New Hampshire Department of Health and Human Services — Division for Children, Youth and Families (DCYF) oversees public agency adoptions in the state. DCYF requires prospective parents to first get licensed as foster parents before they can adopt. They also need an adoptive child to live in your home for at least six months before finalizing an adoption.

Adoptive parents can also pursue private adoption services through several licensed agencies. Other types of adoptions serviced by these agencies include:

• Domestic private agency adoption
• International adoptions
• Independent adoption (where birth parents can agree to adopt their child directly to the adoptive parents without using an adoption agency or adoption professional)

Public adoptions are generally less expensive than private adoptions. But they may involve longer waiting periods and more rigorous screening.

Because private adoptions involve direct agreements between the birth parents and adoptive parents, they can offer more flexibility. Parties generally use an attorney instead of an adoption agency to help with private adoptions.

For public adoptions, DYCF requires prospective adoptive parents to complete the following steps before adopting:

• Pass a criminal background check
• Pass a child abuse and neglect history check
• Prove sufficient income to support living expenses for the adoptive child
• Prove good physical and mental health through a medical screening
• Submit information for at least five references
• Pass local fire and home safety inspections
• Complete preservice training (although this isn't needed for all adoptions)
• Meet other necessary requirements

DYCF requires an adoptee to live in your home for at least six months before finalizing the adoption.

Eligibility Requirements for Prospective Adoptive Parents in New Hampshire

Eligible adults who are at least 18 can adopt in New Hampshire. This includes:

• Two adults together
• An unmarried adult
• The unmarried parent of the adoptee
• An unmarried adult, with the agreement of at least one of the adoptee's parents, to share parenting with one of the adoptee's parents
• Parents of a child conceived via assisted reproduction, to confirm the legal relationship between child and parent
• A married adult without their spouse joining as a petitioner, if the adoptee is not the petitioner's spouse and other criteria are met (as often the case with stepparent adoptions)

Eligible adults do not have to have other children to qualify for adoption.

Children 14 or older must consent to the adoption in most situations.

Birth Parent Expenses for New Hampshire Adoptions

Adoptive parents must also pay certain birth parent expenses. These are the costs incurred by the birth mother or birth parents during the adoption process. In New Hampshire, birth parent expenses include reasonable costs for:

• Counseling, medical, and legal fees
• Reasonable expenses for transportation, meals, clothing, and lodging
• Adoption services expenses
• Certain living expenses needed to maintain an acceptable standard of living if the birth mother can't maintain because of loss of income due to pregnancy or delivery

Payments for living expenses can't continue for more than six weeks following the child's birth.

New Hampshire Home Study Process

New Hampshire requires a home visit or home study process before finalizing an adoption decree. The home study serves as a transition period for both the child and adoptive parents. This is important to help adoptive families adjust to the new arrangement and ensure the child is in a nurturing environment.

Social workers from child-placing agencies perform the home study. Prospective parents can expect the study to assess several areas of their home and family life. It entails joint and individual interviews with the applicants and other household members. The interview may ask personal, sensitive questions about infertility and the applicants' reasons for adoption.

The home study part of your adoption process can cost up to $3,000. But it is not required for every adoption. For example, a home study may not be necessary for stepparent or relative adoptions.

New Hampshire Adoption Laws: At a Glance

The following table lists more details of adoption laws in New Hampshire.

Note: State laws are always subject to change with the enactment of newly signed legislation, decisions from higher courts, and other means. A New Hampshire adoption attorney can help you understand how these laws apply to your unique circumstances.

Adoption Laws: Related Resources and Information

• New Hampshire Family Laws
• How To Adopt
• Types of Adoption
• Foster Care Overview
• Post-Adoption Support for New Hampshire Families

Considering Adoption? Get Legal Help

The adoption process can be emotionally challenging and confusing. It also involves significant legal paperwork. If you're overwhelmed with the paperwork and procedures, an attorney can help. An experienced attorney can guide you through adoption proceedings and help you understand parental rights and responsibilities.

Contact a New Hampshire adoption attorney to learn how they can help you and your expanding family.

You can also visit FindLaw's Adoption and Adoption Laws sections for more adoption information, FAQs, and resources.