Without relinquishment of parental rights or consent, no adoption in New Hampshire is final.
Who is required to give consent?
-The birth mother (if under 18, courts may require the assent of her parents or guardians)
-The legal father (if under 18, courts may require the assent of his parents or guardians)
-The birth father, provided it is found that he is entitled to notice, and if under 18 the courts may require the assent of his parents or guardians
-Legal guardian if both parents are deceased or their rights are terminated
-Children ages 14 or older
When consent is not needed?
-Any parent whose rights have been involuntary or voluntary terminated in another state
-An alleged father who is not found to be the father
-Any parent of the adoptee if the adoptee is an adult
-Any parent whose parental rights have been terminated
-Alleged fathers who are convicted of sexual assault, kidnapping, or violation of privacy that resulted in the conception of the child
-Parents whose rights have been terminated by proper authority in another country
When consent can be executed?
Parents cannot consent to an adoption until 72 hours after the birth of their child
How consent must be executed?
Consents must be executed in writing, signed by the parent consenting in the court of the county where the parent resides. If the parent is under 18, the court may require the consent from their legal parent/guardian. If a nonresident, the surrender can be taken in the State where the parent currently lives.
Agencies granting consent do so in writing and signed by the head of the agency or an authorized representative in the presence of a notary.
A surrender must state that once signed and approved in court that the person’s parental rights over the child stop.
Revocation of consent:
The person wishing to revoke contacts the court where consent was given before the final adoption decree is given. In order to revoke, the court must find:
-Surrender was obtained by fraud or duress
-The revocation is in the child’s best interest
SOURCE: § 170-B:3, 170-B:5, 170-B:7, 170-B:8, 170-B:9, 170-B:10, 170-B:12
