New Hampshire Revised Statutes 170-B:12 – Withdrawal of Surrender
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I. A parent wishing to withdraw a surrender shall notify the court in writing where the surrender was taken. Notification shall be prior to the entry of the final decree.
II. Upon receiving written notice of a parent’s request to withdraw his or her surrender the court shall:
(a) Notify the prospective adoptive parents and the agency, if any, of the parent’s request.
(b) Conduct an evidentiary hearing. The rules of evidence are not applicable at this hearing. In addition, the court has the discretion to determine who shall be present at the hearing.
III. A surrender executed and acknowledged in accordance with the provisions of N.H. Rev. Stat. § 170-B:9 may not be withdrawn unless the court finds that:
(a) The parent seeking to withdraw his or her surrender has proven by a preponderance of the evidence that the surrender was obtained by fraud or duress.
(b) The withdrawal of the surrender is in the best interests of the adoptee. In making this determination, the court may consider every facet of each parent’s life.
IV. The court shall notify any other party who has surrendered rights to the child of the issuance of its order granting the withdrawal of such surrender. Notice sent by regular first class mail to the last known address on file with the court shall be sufficient and shall include with it a replication of N.H. Rev. Stat. § 170-B:12. The party shall have 30 days from the date of the register’s notice of decision to request in writing to the court that his or her surrender be withdrawn as well. The 30-day time period to file such a request shall not be extended by the court absent a showing of good cause.
(a) Upon the court’s timely receipt of the request, the court shall, except in the case of a surrender to the department, allow that party’s withdrawal as of right and shall enter an order withdrawing such surrender.
(b) In the case of a surrender to the department, upon timely receipt of the request, the provisions of paragraphs II and III shall apply.
V. A surrender may not be withdrawn after the entry of the final decree of adoption for any reason.
II. Upon receiving written notice of a parent’s request to withdraw his or her surrender the court shall:
Terms Used In New Hampshire Revised Statutes 170-B:12
- Agency: means any person licensed by existing law to place minors for adoption. See New Hampshire Revised Statutes 170-B:2
- Child: means a son or daughter, whether by birth or by adoption. 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- 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
(a) Notify the prospective adoptive parents and the agency, if any, of the parent’s request.
(b) Conduct an evidentiary hearing. The rules of evidence are not applicable at this hearing. In addition, the court has the discretion to determine who shall be present at the hearing.
III. A surrender executed and acknowledged in accordance with the provisions of N.H. Rev. Stat. § 170-B:9 may not be withdrawn unless the court finds that:
(a) The parent seeking to withdraw his or her surrender has proven by a preponderance of the evidence that the surrender was obtained by fraud or duress.
(b) The withdrawal of the surrender is in the best interests of the adoptee. In making this determination, the court may consider every facet of each parent’s life.
IV. The court shall notify any other party who has surrendered rights to the child of the issuance of its order granting the withdrawal of such surrender. Notice sent by regular first class mail to the last known address on file with the court shall be sufficient and shall include with it a replication of N.H. Rev. Stat. § 170-B:12. The party shall have 30 days from the date of the register’s notice of decision to request in writing to the court that his or her surrender be withdrawn as well. The 30-day time period to file such a request shall not be extended by the court absent a showing of good cause.
(a) Upon the court’s timely receipt of the request, the court shall, except in the case of a surrender to the department, allow that party’s withdrawal as of right and shall enter an order withdrawing such surrender.
(b) In the case of a surrender to the department, upon timely receipt of the request, the provisions of paragraphs II and III shall apply.
V. A surrender may not be withdrawn after the entry of the final decree of adoption for any reason.