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NH Family Law Research Guide: Adoption, Guardianship, Foster Parenting

New Hampshire family law resources.

Adoption, Guardianship, Foster Parenting - Introduction

In this section, you will find information on:

  • Adoption
    • Basic Facts
    • Forms
    • Statutes
    • More Information
  • Guardianship
    • Basic Facts
    • E-Filing
  • Foster Parenting
    • Basic Facts

Adoption

Basic Facts

The Family Division has jurisdiction to handle adoption of children in abuse and neglect cases pursuant to RSA 169-C, termination of parental rights cases pursuant to RSA 170-C, and guardianship cases over the minor only (not the estate). If the adoption you are considering does not arise from a case type listed above, your adoption should be filed in your local Probate Division.

Checklists:

Source: New Hampshire Judicial Branch Probate Division and Family Division

Forms

Adoption forms may be downloaded or filled in on-line using Adobe Filler

Statutes: CHAPTER 170-B: ADOPTION
More Information:

Adoption Mediation:

  • The Family Division offers free mediation in adoption cases where the Division of Health and Human Services is involved. The purpose of this mediation is to establish a permanent home for children who are in the custody or guardianship of DHHS. This voluntary mediation helps birth parents and potential adoptive parents enter into an agreement for ongoing communication or contact that is in the best interests of the child, that recognizes the parties' interests and desires for ongoing communication or contact, that is appropriate given the role of the parties in the child's life, and that is legally enforceable by the courts. 

    The mediators involved in adoption mediation are certified through the Probate Division based on their training and mediation experience. For a list of these mediators, see Probate Division Mediators.

Pamphlets:

  • Can I see my adoption records?
    • All court adoption files are sealed. The release of information from a court adoption file may be made only upon written request, granted by the court. Court staff shall provide a blank "Motion for..." form (NHJB-2201-DFP) to a party who is requesting the information. Adoption files are in both the family and probate division locations.

​​​​The Motion must include such things as the requesting party's name, mailing address and relationship to the adoption; the information being requested from the file; any information known by the requesting party concerning the adoption; as well as the reason the information is being requested.

Procedure Bulletin 19 - Relative to: Requests for Information Concerning Adoption Files

Note: A Certificate of Adoption can be obtained using this form

 

Resources for Further Information:

Source: New Hampshire Judicial Branch

Guardianship

Basic Facts

A guardian is a person who has been appointed by the court to have care and custody of a minor (someone under 18 years of age, who is unmarried and unemancipated) or over the minor's estate as specified by a court order. Guardianships of minors are done in the Family Division, unless the guardianship involves both the minor and the estate of the minor in which case it would be done in the Probate Division. The circumstances of each case will determine whether a guardianship over the person only, estate only or person and estate should be sought.

A guardian over the person (only) has the court ordered authority to make certain life decisions, such as where the minor shall live.  In addition, the guardian may consent or approve to medical treatment of the minor, make provision for the care and comfort of the minor and take reasonable care of the minor’s personal effects/ belongings.

A guardian of both the person and estate is responsible for the things referenced above as well as the minor’s personal property and real estate, as well as any other monies, stocks, etc. owned by the minor and provide an inventory of these items to the court (a court form).  It is the duty of the guardian to protect and preserve the estate of the minor and provide an annual accounting of the guardian’s dealings with the minor’s assets to the court.

Checklists:

 

For more information, see:

Source: New Hampshire Judicial Branch

E-Filing

Electronic Filing is required in Guardianship cases filed at all family division and all probate division locations. Self-represented litigants will use the program TurboCourt.  Attorneys will use the program File & Serve.

Source: New Hampshire Judicial Branch

Foster Parenting

Basic Facts

Foster parents are asked to provide a safe, stable, temporary, and caring atmosphere for a child placed in their home. Foster parents become part of a team effort to support the child and implement the plans made for the child. This involves working with biological parents, courts, DCYF, and other involved agencies.

A Foster Care license is required in order to be a foster parent or to adopt from foster care:

RSA 170-E:27 License Required: Prohibition Against Child Endangerment -- No person shall establish, maintain, operate, or conduct any agency for child care or for child-placing without a license or permit issued by the department under this subdivision.

RSA 170-E:25 Definitions -- II. "Child care agency" means any person, corporation, partnership, voluntary association or other organization either established for profit or otherwise, who regularly receives for care one or more children, unrelated to the operator of the agency, apart from the parents, in any facility as defined in this subdivision.”

 

For more information see:

Source:  NH Department of Health and Human Services  - Division for Children, Youth & Families