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Paula Werme's DCYF information |
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Official RSAs |
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Note to people who came here via a search engine: You are not at New Hampshire's RSA web site (follow the link above if you wish to be there). This folder has excerpts from a chapter of the NH RSAs that have some relevance to understanding and working with the state's Division of Children, Youth, and Families. These pages collect several sections into one page that is easier to navigate than the state's pages.
170-B:1 Purpose. Source. 1973, 266:1, eff. Aug. 21, 1973. 1996, 46:1, eff. Jan. 1, 1997.
170-B:2 Definitions. Source. 1973, 266:1. 1983, 291:1. 1985, 353:1. 1986, 223:8, 9. 1987, 343:2. 1994, 212:2. 1995, 310:175, 181-183. 1999, 18:4,I, eff. July 2, 1999.
170-B:3 Who may be Adopted. Source. 1973, 266:1, eff. Aug. 21, 1973.
170-B:4 Who may Adopt. Source. 1973, 266:1. 1987, 343:3. 1996, 46:2. 1999, 18:2; 76:1, eff. July 27, 1999.
170-B:5 Persons Required to Consent to Adoption. Source. 1973, 266:1. 1975, 280:1. 1985, 353:2. 1995, 310:126. 1996, 46:3, eff. Jan. 1, 1997. 2002, 9:1, eff. Mar. 25, 2002.
170-B:5-a Notice to Person Claiming Paternity and Hearing to Determine Right to Consent. Source. 1985, 353:3. 1992, 74:1. 1996, 46:4, 5, eff. Jan. 1, 1997.
170-B:6 Persons not Required to Consent. Source. 1973, 266:1. 1975, 280:2. 1985, 353:4. 1994, 63:1, eff. July 5, 1994.
170-B:15 Hearing. Source. 1973, 266:1. 1983, 291:1. 1986, 223:7. 1989, 271:1. 1994, 212:2. 1995, 310:181. 2000, 254:2, eff. June 12, 2000.
170-B:16 Dismissal of Adoption Proceedings; Notice; Disposition of Child. Source. 1973, 266:1. 1995, 310:175, eff. Nov. 1, 1995.
170-B:17 Appeals and Validation of Adoption Decrees. Source. 1973, 266:1. 1987, 174:2, eff. May 12, 1987.
I. The adoptive child, from unnecessary separation from the child's natural parents and from adoption by parents who should not have such responsibility.
II. The natural parent or parents, from hurried and coerced decisions to give up the child.
III. The adoptive parent or parents and guaranteeing them an undisturbed relationship with the child from and after the date of adoption.
I. "Child'' means a son or daughter, whether by birth or by adoption.
II. "Parent'' means mother, father, adoptive parent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.
III. "Minor'' means any individual under the age of 18.
IV. "Adult'' means an individual who is not a minor.
V. "Department'' means the department of health and human services.
VI. "Agency'' means any person licensed by existing law to place minors for adoption.
VII. "Person'' means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
VIII. "Guardian'' means a person so appointed by the probate court.
IX. "Court'' means probate court.
X. "Commissioner'' means the commissioner of the department of health and human services.
XI. "Related child'' means a child within the second degree of kinship either by blood or affinity. Relatives within the second degree includes step-parents, sisters, brothers, grandparents, aunts or uncles.
XII. The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of the chapter.
XIII. "Legal father'' means:
(a) The person designated as the father pursuant to RSA 126:6-a on that child's birth certificate; or
(b) The person designated as the father pursuant to court order resulting from a paternity action; or
(c) The person designated as the father upon legitimation pursuant to RSA 457:42.
XIV. "Natural father'' means a person other than a legal father who has been named as the father of the child, or who is the subject of a pending paternity action, or who has filed an unrevoked notice of intent to claim paternity of the child pursuant to RSA 170-B:5-a, I(c).
XV. [Repealed.]
I. Husband and wife together.
II. An unmarried adult.
III. The unmarried father or mother of the individual to be adopted.
IV. Any foster parent.
V. A married individual without the other spouse joining as a petitioner, if the individual to be adopted is not such married individual's spouse; and if:
(a) The other spouse is a parent of the individual to be adopted and consents to the adoption;
(b) The petitioner and the other spouse are legally separated;
(c) The failure of the other spouse to join in the petition is excused by the court by reason of prolonged unexplained absence, unavailability, or circumstances constituting an unreasonable withholding of consent; or
(d) The other spouse consents to the adoption and the person to be adopted is over the age of 18.
I. Consent to any proposed adoption shall be obtained from:
(a) The child to be adopted if the child is 12 years of age or over;
(b) The mother, provided that if the unwed mother is under 18 years, the court may require the consent of her parents or legal guardian;
(c) The legal father, provided that if the unwed legal father is under 18 years, the court may require the consent of his parents or legal guardian;
(d) The natural father, provided that he was found to be entitled to notice and found to be entitled to the right to consent under RSA 170-B:5-a, and provided that if the unwed natural father is under 18 years, the court may require the consent of his parents or legal guardian;
(e) The legal guardian of the person to be adopted if parental rights have been transferred by court action to such guardian;
(f) The department of health and human services or any licensed child-placing agency which through court action or voluntary relinquishment has been given the care, custody, and control of the person to be adopted including the right to consent to such adoption;
(g) The spouse of the minor to be adopted; or
(h) The spouse of the adult to be adopted.
II. If a parent or child has been adjudicated incompetent, mentally ill or retarded, or is in any other way deemed to be mentally deficient, the court shall appoint a guardian to represent the interest of such persons.
I. The following persons shall be given notice by the court and shall have the right to request a hearing to prove paternity:
(a) A person named by the natural mother in an affidavit filed with the court, prior to the mother voluntarily relinquishing her rights pursuant to RSA 170-B:8, the mother consenting to an adoption pursuant to RSA 170-B:9, or the mother's parental rights being involuntarily terminated.
(b) The natural or legal father, if his identity is known by the court, the adoption agency which is legal guardian of the child, or the proposed adoptive parents or their attorney, prior to the mother voluntarily relinquishing her rights pursuant to RSA 170-B:8, the mother consenting to an adoption pursuant to RSA 170-B:9, or the mother's parental rights being involuntarily terminated.
(c) A person who claims to be the father and who has filed notice of his claim of paternity with the office of child support enforcement upon the forms supplied thereby. The notice form shall indicate the claimant's willingness and intent to support the child to the best of his ability. The notice form may be filed prior to the birth of the child but must be filed prior to the mother's rights being voluntarily relinquished pursuant to RSA 170-B:8, the mother consenting to an adoption pursuant to RSA 170-B:9, or involuntarily terminated. Failure to file the notice prior to this time shall bar the alleged father from thereafter bringing an action to establish his paternity of the child, and shall constitute an abandonment of said child and a waiver of any right to a notice of hearing in any adoption proceeding concerning the child.
(d) A person who is openly living with the child or the child's mother and providing financial support to the mother or child at the time any action under this chapter is initiated and who is holding himself out to be the child's father prior to the mother voluntarily relinquishing her rights pursuant to RSA 170-B:8, the mother consenting to an adoption pursuant to RSA 170-B:9, or the mother's parental rights being involuntarily terminated.
II. Any person entitled to notice under paragraph I shall be provided 30 days from the date of notice to request a hearing at which he shall have the burden of proving that he is the father of the child. The failure to request such hearing within 30 days from the date of notice shall result in a forfeiture of all parental rights and any right to notice of any adoption proceedings concerning the child.
I. The unwed father who has not met the requirements of RSA 170-B:5, I or RSA 170-B:5-a;
II. A parent whose parental rights have been terminated by order of the court or under RSA 170-B:8;
III. A parent whose parental rights have been terminated pursuant to RSA 168-A;
IV. Any parent of the individual to be adopted, if the individual to be adopted is an adult;
V. A parent whose parental rights have been terminated pursuant to RSA 170-C.
VI. Parents whose parental rights have been determined to be voluntarily or involuntarily terminated by the proper authorities in another country, such determination to be evidenced by documentation issued by the United States Department of Justice or the Department of State and deemed acceptable by probate court rule.
I. The petitioner and the individual to be adopted 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, investigation, or consideration of any facts or circumstances affecting the granting of the petition.
III. If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the individual to be adopted, it:
(a) May issue a final decree of adoption, where the petitioner or the petitioner's spouse is a natural parent of the child to be adopted;
(b) May issue a final decree of adoption where a grandparent or grandparents seek to adopt a minor child pursuant to RSA 170-B:14, V; or
(c) Shall issue an interlocutory decree of adoption which shall not become final until the minor to be adopted has lived in the adoptive home for at least 6 months after placement by an agency or the department of health and human services or for at least 6 months after the department of health and human services or the court has been informed of the custody of the minor by the petitioner, and the department of health and human services or a licensed child-placing agency has had an opportunity to observe or investigate the adoptive home.
III-a. Before a final decree of adoption is issued in the adoption of a child not related, as provided under RSA 170-B:2, XI, to the petitioner or one of the petitioners, the petitioners shall file with the court on forms supplied by the department of health and human services 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, birthparents, physicians, attorneys, or any other person in connection with the adoption, including but not limited to fees for medical, legal or investigatory services conducted pursuant to RSA 170-B:14, or board and care for mother or child.
III-b. Before a final decree of adoption is issued in the adoption of a child not related, as provided under RSA 170-B:2, XI, to the petitioner or one of the petitioners, the attorney for the petitioners, or the petitioners if they are not represented by an attorney, shall file with the court information on the age and medical and personal backgrounds of the birthparents and the child. Such personal information may include but not be limited to ethnic and religious background, as is reasonably known. The information shall be filed on a form approved of by the court, and shall include information that is reasonably available to the attorney or petitioners.
IV. If the requirements of a decree under RSA 170-B:15, III have not been met, the court shall dismiss the petition and determine the person to have custody of the minor, including the petitioners if in the best interest of the minor. In an interlocutory decree of adoption, the court may provide for observation, investigation, and further report on the adoptive home during the interlocutory period and may extend said interlocutory period.
I. An appeal from any final or interlocutory decree rendered by the court may be taken in the manner and time provided in RSA 567-A, except that no appeal shall be allowed from any order or decree involving proceedings for adoption unless taken within 30 days from receipt of such order or decree.
II. Subject to the disposition of an appeal upon the expiration of one year after a final adoption decree is issued, the decree cannot be questioned by any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter.