New Hampshire Revised Statutes 170-B:19 – Hearing
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I. The petitioner and the adoptee shall appear at the hearing on the petition, unless the presence of either is excused by the court for good cause shown.
II. The court may continue the hearing from time to time to permit further observation, assessment, or consideration of any facts or circumstances affecting the granting of the petition.
III. In the case of an adult adoptee, if at the conclusion of the hearing, the court determines that the required assents as required by N.H. Rev. Stat. § 170-B:3 have been obtained and the adoption is in the adoptee’s best interests, the court may issue a final decree of adoption.
IV. In the case of a minor adoptee, if at the conclusion of the hearing the court determines that the required surrenders have been obtained or excused and that the adoption is in the best interest of the adoptee, it:
(a) May issue a final decree of adoption, where one of the adoptee’s parents will remain a parent;
(b) May issue a final decree of adoption in the adoption of a related minor child pursuant to N.H. Rev. Stat. § 170-B:18, V; or
(c) Shall issue an interlocutory decree of adoption which shall not become final until the minor adoptee has lived in the adoptive home for at least 6 months after placement by an agency or the department or for at least 6 months after the department or the court has been informed of the custody of the minor by the petitioner, and the department or a licensed child-placing agency has had an opportunity to observe or investigate the adoptive home.
V. Before a final decree of adoption is issued in the adoption of a minor child not related to the petitioner or one of the petitioners, the petitioners shall file with the court on forms supplied by the department an affidavit listing the amount of fees or other charges, whether in the form of cash, gifts, or other thing of value, paid to, or on behalf of, birth parents, physicians, attorneys, or any other person in connection with the adoption, including but not limited to fees for medical, legal, or assessment services conducted pursuant to N.H. Rev. Stat. § 170-B:18, or board and care for the birth mother or minor child.
VI. If the requirements of a decree under N.H. Rev. Stat. § 170-B:19, III or IV have not been met, the court shall either:
(a) Dismiss the petition and determine the person to have custody of the minor child pursuant to N.H. Rev. Stat. § 170-B:20, III; or
(b) Extend the interlocutory period, and determine the person to have custody of the minor child, including the petitioners if in the best interest of the minor child. The court may provide for observation, assessment, and further report on the adoptive home during the extended interlocutory period.
II. The court may continue the hearing from time to time to permit further observation, assessment, or consideration of any facts or circumstances affecting the granting of the petition.
Terms Used In New Hampshire Revised Statutes 170-B:19
- Adult: means an individual who is not a minor. See New Hampshire Revised Statutes 170-B:2
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means any person licensed by existing law to place minors for adoption. 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
- 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
- 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
III. In the case of an adult adoptee, if at the conclusion of the hearing, the court determines that the required assents as required by N.H. Rev. Stat. § 170-B:3 have been obtained and the adoption is in the adoptee’s best interests, the court may issue a final decree of adoption.
IV. In the case of a minor adoptee, if at the conclusion of the hearing the court determines that the required surrenders have been obtained or excused and that the adoption is in the best interest of the adoptee, it:
(a) May issue a final decree of adoption, where one of the adoptee’s parents will remain a parent;
(b) May issue a final decree of adoption in the adoption of a related minor child pursuant to N.H. Rev. Stat. § 170-B:18, V; or
(c) Shall issue an interlocutory decree of adoption which shall not become final until the minor adoptee has lived in the adoptive home for at least 6 months after placement by an agency or the department or for at least 6 months after the department or the court has been informed of the custody of the minor by the petitioner, and the department or a licensed child-placing agency has had an opportunity to observe or investigate the adoptive home.
V. Before a final decree of adoption is issued in the adoption of a minor child not related to the petitioner or one of the petitioners, the petitioners shall file with the court on forms supplied by the department an affidavit listing the amount of fees or other charges, whether in the form of cash, gifts, or other thing of value, paid to, or on behalf of, birth parents, physicians, attorneys, or any other person in connection with the adoption, including but not limited to fees for medical, legal, or assessment services conducted pursuant to N.H. Rev. Stat. § 170-B:18, or board and care for the birth mother or minor child.
VI. If the requirements of a decree under N.H. Rev. Stat. § 170-B:19, III or IV have not been met, the court shall either:
(a) Dismiss the petition and determine the person to have custody of the minor child pursuant to N.H. Rev. Stat. § 170-B:20, III; or
(b) Extend the interlocutory period, and determine the person to have custody of the minor child, including the petitioners if in the best interest of the minor child. The court may provide for observation, assessment, and further report on the adoptive home during the extended interlocutory period.