New Hampshire Revised Statutes 170-B:16 – Petition for Adoption
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I. A proceeding to adopt a minor child, other than a related minor child, shall be commenced by the filing of a petition within 30 days after such minor child has been placed in an adoptive home, provided that such petition may be filed at a later date by leave of court upon a showing that the failure to file such petition within such 30-day period was not due to the petitioners’ culpable negligence or their willful disregard of the provisions of this section.
II. A petition to adopt an adult or a related minor child may be filed at any time.
III. The following information shall accompany every petition for adoption:
(a) Written surrenders as required by N.H. Rev. Stat. § 170-B:5.
(b) The name of any person whose surrender is required but who has not surrendered his or her parental rights.
(c) Facts or circumstances which excuse the lack of such surrender normally required, including but not limited to an order of termination of parental rights, forfeiture, or waiver.
IV. A petition for adoption shall be signed and verified by the petitioner, filed with the clerk and shall state:
(a) As the caption, “In the Adoption of __________ “. The adoptee shall be designated in the caption under the person’s birth name.
(b) The date and place of birth of the adoptee, if known.
(c) The name to be used for the adoptee.
(d) The date and name of the court where the petitioner acquired custody of the minor and of placement of the minor and the name of the person or agency placing the minor.
(e) The full name, age, place, and duration of residence of the petitioner.
(f) The marital status of the petitioner, including the date and place of marriage, if married.
(g) That the petitioner has facilities and resources, including those available under a subsidy agreement, suitable to provide for the nurture and care of the minor adoptee, and that it is the desire of the petitioner to establish the relationship of parent and child with the adoptee.
V. A certified copy of the birth certificate or verification of birth record of the adoptee shall be sent to the court.
VI. Any name by which the adoptee was previously known shall not be disclosed in the notice of hearing, or in the decree of adoption.
VII. If a minor child is to be adopted from another state or country, the petition shall include documentation indicating compliance with N.H. Rev. Stat. Chapter 170-A and N.H. Rev. Stat. § 170-B:28.
VIII. If the surrender was executed in another state or country, or medical information was not provided as required under 170-B:9, III, the petitioner shall file with the court information on the age and medical and personal backgrounds of the birth parents and minor child. Such personal information may include but not be limited to ethnic and religious background, as is reasonably known.
II. A petition to adopt an adult or a related minor child may be filed at any time.
Terms Used In New Hampshire Revised Statutes 170-B:16
- Adult: means an individual who is not a minor. See New Hampshire Revised Statutes 170-B:2
- 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
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Minor: or "minor child" means any individual under the age of 18. See New Hampshire Revised Statutes 170-B:2
- minor child: means any individual under the age of 18. 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
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See New Hampshire Revised Statutes 170-B:2
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- 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
III. The following information shall accompany every petition for adoption:
(a) Written surrenders as required by N.H. Rev. Stat. § 170-B:5.
(b) The name of any person whose surrender is required but who has not surrendered his or her parental rights.
(c) Facts or circumstances which excuse the lack of such surrender normally required, including but not limited to an order of termination of parental rights, forfeiture, or waiver.
IV. A petition for adoption shall be signed and verified by the petitioner, filed with the clerk and shall state:
(a) As the caption, “In the Adoption of __________ “. The adoptee shall be designated in the caption under the person’s birth name.
(b) The date and place of birth of the adoptee, if known.
(c) The name to be used for the adoptee.
(d) The date and name of the court where the petitioner acquired custody of the minor and of placement of the minor and the name of the person or agency placing the minor.
(e) The full name, age, place, and duration of residence of the petitioner.
(f) The marital status of the petitioner, including the date and place of marriage, if married.
(g) That the petitioner has facilities and resources, including those available under a subsidy agreement, suitable to provide for the nurture and care of the minor adoptee, and that it is the desire of the petitioner to establish the relationship of parent and child with the adoptee.
V. A certified copy of the birth certificate or verification of birth record of the adoptee shall be sent to the court.
VI. Any name by which the adoptee was previously known shall not be disclosed in the notice of hearing, or in the decree of adoption.
VII. If a minor child is to be adopted from another state or country, the petition shall include documentation indicating compliance with N.H. Rev. Stat. Chapter 170-A and N.H. Rev. Stat. § 170-B:28.
VIII. If the surrender was executed in another state or country, or medical information was not provided as required under 170-B:9, III, the petitioner shall file with the court information on the age and medical and personal backgrounds of the birth parents and minor child. Such personal information may include but not be limited to ethnic and religious background, as is reasonably known.