New Hampshire Revised Statutes 170-B:5 – Persons Required to Execute a Surrender of Parental Rights
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I. Unless excused pursuant to N.H. Rev. Stat. § 170-B:7, a surrender of parental rights shall be obtained from:
(a) The birth mother, provided that if the birth mother is under 18 years, the court may require the assent of her parents or legal guardian;
(b) The legal father, provided that if the legal father is under 18 years, the court may require the assent of his parents or legal guardian;
(c) The birth father, provided that he was found to be entitled to notice and found to be entitled to the right to surrender his parental rights under N.H. Rev. Stat. § 170-B:6, and provided that if the birth father is under 18 years, the court may require the assent of his parents or legal guardian;
(d) The legal guardian of the adoptee, if both birth parents are deceased, or if parental rights of the birth parent or parents have been surrendered or involuntarily terminated and the court has granted the guardian authority to surrender parental rights for an adoption; or
(e) The department or any licensed child-placing agency which through court action or surrender has been given the care, custody, and control of the adoptee including the right to surrender.
II. If a surrendering parent is alleged to be incapacitated, incompetent, mentally ill, developmentally disabled, or in any other way mentally deficient, the court may appoint a guardian ad litem to protect the interest of said parent.
(a) The birth mother, provided that if the birth mother is under 18 years, the court may require the assent of her parents or legal guardian;
Terms Used In New Hampshire Revised Statutes 170-B:5
- Agency: means any person licensed by existing law to place minors for adoption. See New Hampshire Revised Statutes 170-B:2
- Birth father: means a person or persons other than a legal father who has been named, pursuant to N. See New Hampshire Revised Statutes 170-B:2
- Birth mother: means a woman who gestates an embryo conceived by natural or artificial insemination, in vitro fertilization, or preembryo transfer, or becomes a parent pursuant to N. See New Hampshire Revised Statutes 170-B:2
- Court: means probate court. See New Hampshire Revised Statutes 170-B:2
- Department: means the department of health and human services. See New Hampshire Revised Statutes 170-B:2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person so appointed by the probate court. See New Hampshire Revised Statutes 170-B:2
- Legal father: means :
(a) The person designated as the father pursuant to N. See New Hampshire Revised Statutes 170-B:2 - Parent: means mother, birth father, legal father, or adoptive parent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntarily surrender. See New Hampshire Revised Statutes 170-B:2
- Surrender: means the release of all parental rights, including but not limited to care, custody, and control of the child, by a parent, legal guardian, or agency. See New Hampshire Revised Statutes 170-B:2
(b) The legal father, provided that if the legal father is under 18 years, the court may require the assent of his parents or legal guardian;
(c) The birth father, provided that he was found to be entitled to notice and found to be entitled to the right to surrender his parental rights under N.H. Rev. Stat. § 170-B:6, and provided that if the birth father is under 18 years, the court may require the assent of his parents or legal guardian;
(d) The legal guardian of the adoptee, if both birth parents are deceased, or if parental rights of the birth parent or parents have been surrendered or involuntarily terminated and the court has granted the guardian authority to surrender parental rights for an adoption; or
(e) The department or any licensed child-placing agency which through court action or surrender has been given the care, custody, and control of the adoptee including the right to surrender.
II. If a surrendering parent is alleged to be incapacitated, incompetent, mentally ill, developmentally disabled, or in any other way mentally deficient, the court may appoint a guardian ad litem to protect the interest of said parent.