New Hampshire Revised Statutes 5-C:33 – Procedure for Amending the Birth Record Following Adoption
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I. When the clerk of the town or city of birth occurrence receives a notice of adoption, a new birth record shall be prepared as specified in N.H. Rev. Stat. § 5-C:31.
II. The new birth record shall be substituted immediately for the original birth record by the clerk of the town or city.
III. The original birth record and the notice of adoption shall not be subject to inspection except pursuant to N.H. Rev. Stat. § 5-C:9 or upon order of a court of competent jurisdiction pursuant to N.H. Rev. Stat. § 170-B:23.
IV. The actual place and date of birth shall be shown on the new birth record.
V. If no original birth record is on file for the adoptee the clerk of the town or city shall prepare a new birth record.
VI. If the date and place of birth have not been determined in the adoption proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in N.H. Rev. Stat. § 5-C:38 through N.H. Rev. Stat. § 5-C:40 before a new certificate of birth is prepared and, if the required evidence cannot be obtained that would justify the creation of a delayed certificate of birth, the registrar shall authorize the preparation of a birth certificate for the adoptee using court records as the authority for approval.
VII. In the case of a single parent adoption, the information concerning the other parent shall be listed as “not stated.”
VIII. In the case of an adopting parent whose spouse is deceased, upon written request of the adopting parent, the clerk of the town or city shall include the information about the husband when his date of death is not more than 9 months prior to the adoptee’s birth and information on the wife shall be included when her date of death is after the adoptee’s date of birth.
IX. When a new birth record following an adoption is prepared by the clerk of the town or city of birth occurrence, no copy of the original birth certificate in the state of New Hampshire shall be disclosed except pursuant to N.H. Rev. Stat. § 5-C:9.
X. When the adoption concerns a child who had been born at home, the clerk of the town or city of birth occurrence shall minimize disclosure of information that would provide a possible connection with the natural mother by recording only the city or town of birth and not the street address on the new birth record; and, if the name of the natural mother is shown on the original birth record as the certifier, informant or attendant, replacing it with the adoptive mother’s name on the new birth record.
XI. When it has been determined by the division that an adoption had previously been decreed by an authorized court, including out-of-state courts, but the amended birth record had not been prepared at the time of the adoption, then the clerk of the city or town of birth occurrence shall immediately prepare a new birth record and the division shall contact the court that authorized the adoption and ask that a certified copy of the adoption decree be prepared and transmitted to the city or town of birth with a copy sent to the division.
XII. Upon receipt of a report of decree of annulment of adoption, the clerk of the town or city of birth occurrence shall replace the amended birth record with the original. The previous amended birth record and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction pursuant to N.H. Rev. Stat. § 170-B:23.
II. The new birth record shall be substituted immediately for the original birth record by the clerk of the town or city.
Terms Used In New Hampshire Revised Statutes 5-C:33
- 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.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
III. The original birth record and the notice of adoption shall not be subject to inspection except pursuant to N.H. Rev. Stat. § 5-C:9 or upon order of a court of competent jurisdiction pursuant to N.H. Rev. Stat. § 170-B:23.
IV. The actual place and date of birth shall be shown on the new birth record.
V. If no original birth record is on file for the adoptee the clerk of the town or city shall prepare a new birth record.
VI. If the date and place of birth have not been determined in the adoption proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in N.H. Rev. Stat. § 5-C:38 through N.H. Rev. Stat. § 5-C:40 before a new certificate of birth is prepared and, if the required evidence cannot be obtained that would justify the creation of a delayed certificate of birth, the registrar shall authorize the preparation of a birth certificate for the adoptee using court records as the authority for approval.
VII. In the case of a single parent adoption, the information concerning the other parent shall be listed as “not stated.”
VIII. In the case of an adopting parent whose spouse is deceased, upon written request of the adopting parent, the clerk of the town or city shall include the information about the husband when his date of death is not more than 9 months prior to the adoptee’s birth and information on the wife shall be included when her date of death is after the adoptee’s date of birth.
IX. When a new birth record following an adoption is prepared by the clerk of the town or city of birth occurrence, no copy of the original birth certificate in the state of New Hampshire shall be disclosed except pursuant to N.H. Rev. Stat. § 5-C:9.
X. When the adoption concerns a child who had been born at home, the clerk of the town or city of birth occurrence shall minimize disclosure of information that would provide a possible connection with the natural mother by recording only the city or town of birth and not the street address on the new birth record; and, if the name of the natural mother is shown on the original birth record as the certifier, informant or attendant, replacing it with the adoptive mother’s name on the new birth record.
XI. When it has been determined by the division that an adoption had previously been decreed by an authorized court, including out-of-state courts, but the amended birth record had not been prepared at the time of the adoption, then the clerk of the city or town of birth occurrence shall immediately prepare a new birth record and the division shall contact the court that authorized the adoption and ask that a certified copy of the adoption decree be prepared and transmitted to the city or town of birth with a copy sent to the division.
XII. Upon receipt of a report of decree of annulment of adoption, the clerk of the town or city of birth occurrence shall replace the amended birth record with the original. The previous amended birth record and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction pursuant to N.H. Rev. Stat. § 170-B:23.