How to Navigate the Interlocutory Period in New Hampshire Adoption

After a child is placed in your home for adoption in New Hampshire, the law requires a six-month supervision period before the Probate Court can enter a final decree. During this period, the court issues a temporary order called the interlocutory decree, and a licensed social worker conducts post-placement visits to evaluate the placement and report to the court. This period is the most underdocumented phase of New Hampshire adoption — national guides barely mention it, DCYF's website focuses on the foster-to-adopt pipeline, and the NH Judicial Branch website provides forms with no narrative guide on what happens between placement and finalization. Understanding what this period actually involves, what the social worker evaluates under HE-C 6448, and how to protect your legal position during it is the difference between a smooth finalization and an anxious six months of uncertainty.

What the Interlocutory Decree Is

Under RSA 170-B:18, after a child is placed for adoption, the Probate Court issues what is called an interlocutory decree — a temporary court order that formally recognizes the adoptive placement and establishes the legal relationship on a provisional basis. This decree is not the final adoption. It is a bridge order that:

• Establishes that the child is legally in your care under court authority
• Triggers the six-month post-placement supervision period
• Protects your placement legally while the supervision occurs — courts are very reluctant to disturb an interlocutory placement absent evidence of serious harm to the child
• Sets the clock running toward the finalization hearing

The interlocutory decree gives you significant legal standing during the supervision period. It is not a guarantee — the court retains authority to decline finalization if the social worker's report raises serious concerns — but it is far more protection than informal foster placement. In practice, the vast majority of NH interlocutory placements proceed to finalization without disruption.

What HE-C 6448 Requires

The New Hampshire administrative rules governing adoption home studies and post-placement supervision are found in HE-C 6448. These rules specify what licensed social workers must evaluate and report during the post-placement period. Key requirements include:

Number and timing of visits. HE-C 6448 requires a minimum number of post-placement visits within the six-month period. The visits are typically structured to occur within the first 30 days of placement, at the midpoint, and near the end of the supervision period — though the supervising agency may schedule additional visits based on the circumstances of the placement.

What the social worker observes and documents. Each visit results in a written report that addresses the child's adjustment, the quality of the attachment between child and adoptive parent, the home environment, and any changes in the family's circumstances since the home study. The social worker is not looking for perfection — they are looking for a stable, nurturing environment and honest communication.

The final post-placement report. Before the finalization hearing, the supervising social worker submits a final report to the Probate Court. This report is one of the primary documents the judge reviews when deciding whether to enter the final decree. It directly addresses whether the adoption is in the best interests of the child under the RSA 170-B:1 standard.

Who conducts supervision. In private agency adoptions, the placing agency typically provides post-placement supervision. In independent adoptions, the parties arrange for a licensed social worker to conduct the visits. In DCYF foster-to-adopt cases, the existing caseworker relationship usually continues through the supervision period.

Month-by-Month: What to Expect

Note: "Six months" is a minimum. Some adoptions — particularly those with contested elements, ICPC complications, or administrative delays — take longer. The finalization hearing cannot occur before six months have elapsed from placement, but there is no upper deadline imposed by statute.

What Triggers Concerns During Post-Placement Visits

Social workers are not adversaries. Their job is to confirm that the placement is stable and that the child is thriving. Most post-placement visits are routine and affirming. That said, certain factors consistently raise concern in post-placement reports:

Undisclosed changes in household composition. If someone has moved into or out of the home since the home study, disclose it proactively to the social worker. Surprises — particularly the presence of an adult who was not part of the home study's background check process — create questions about thoroughness and honesty.

Significant financial changes. Job loss, business failure, or a major increase in financial obligations can be concerning if they affect the family's ability to meet the child's needs. If a significant financial change occurs, document your plan and be prepared to discuss it.

Signs of unaddressed attachment difficulty. Children, particularly those who have experienced trauma or multiple placements, may exhibit behavioral challenges in the early months. The social worker is not alarmed by this — they expect it. What they are evaluating is how the adoptive parent responds: with patience, attunement, and professional support-seeking when appropriate, or with frustration and withdrawal.

Medical or therapeutic needs not being addressed. If the child was referred for medical evaluation or therapeutic services and those referrals have not been acted on, that becomes a concern in the report.

Communication avoidance. Social workers note when families are difficult to reach, cancel visits without rescheduling promptly, or seem reluctant to allow the worker into the home. Transparency and accessibility matter.

What Protections the Temporary Decree Provides

A common anxiety during the interlocutory period is: can the birth parent come back and undo this? The short answer, in most circumstances, is no.

Under RSA 170-B:8, once a surrender is approved by the Probate Court, it is irrevocable. There is no revocation window. This is different from many other states where surrenders can be revoked within a set period. Once a valid NH surrender is court-approved, the birth parent's ability to contest the adoption is essentially limited to claims of fraud, duress, or procedural invalidity in obtaining the surrender — none of which apply to a properly executed surrender conducted under proper notice.

The interlocutory decree itself adds a layer of legal protection. It is a court order. Disrupting it requires a court proceeding, and courts are extremely reluctant to disrupt a placement that is going well under an interlocutory decree. The child's interests in stability — what RSA 170-B:1 calls the "best interests" standard — weigh heavily against disruption once a placement is established and the child is attached.

Who This Is For

• Families who have received an interlocutory decree and want to understand what the six-month period involves at each stage
• Foster parents transitioning from foster care to adoption whose case plan has changed and who need to understand the supervision period in the adoption context
• Kinship caregivers who are finalizing a relative adoption and whose DCYF caseworker is transitioning from a foster care supervisor to an adoption post-placement supervisor
• Families in independent adoptions who are arranging their own post-placement supervision and want to understand what HE-C 6448 requires
• Anyone who has been handed an interlocutory decree with minimal explanation of what happens next

Who This Is NOT For

• Families who have not yet placed a child — the interlocutory period begins at placement; for pre-placement questions, the home study and petition process are the relevant phase
• International adoptions, which follow a different timeline and different post-placement requirements
• Families whose adoption was already finalized — the interlocutory period is complete at finalization

The Most Common Interlocutory Period Mistakes

Not scheduling the first post-placement visit promptly. Some families, relieved that the child is home, delay in scheduling the first visit. HE-C 6448 has timing requirements, and delayed first visits can compress the schedule or raise questions.

Assuming the social worker is a threat. The post-placement supervisor is not there to find reasons to undo the placement. They are there to document that the placement is going well, which it almost always is. Treating visits as adversarial — being guarded, vague, or overly formal — creates a tone that is noticeable in the report.

Not informing the supervising social worker of significant changes. The home study established a baseline. If something significant changes — a new job, a move, a health event, a household composition change — the social worker needs to know. Surprises in the final report are harder to explain than disclosed changes proactively communicated.

Missing the window for the finalization hearing. Courts in New Hampshire, particularly in less populous counties, have limited Probate Division hearing availability. Attorneys should be scheduling the finalization hearing during month five of the supervision period, not waiting for the final post-placement report to be submitted first.

Frequently Asked Questions

Can the adoption be disrupted during the interlocutory period?

Yes, in theory — but it is rare. The Probate Court can decline to enter a final decree if the post-placement report raises serious concerns about the child's welfare in the placement. However, courts do not disrupt interlocutory placements without compelling evidence of harm. An adoption that has been going smoothly for six months and receives a positive post-placement report from a licensed social worker is not at material risk of disruption at the finalization hearing.

Does the six-month clock start from the physical placement or from the interlocutory decree?

The post-placement supervision period runs from the physical placement of the child in the adoptive home, not from the date the Probate Court issues the interlocutory decree. There is typically a brief lag between placement and the court entering the interlocutory decree. The finalization hearing cannot occur until six months from placement.

What happens at the actual finalization hearing?

The Probate Court judge reviews the final post-placement report, the home study, the adoption petition (NHJB-2185-FP), the financial disclosure (DCYF Form 1807), and any Guardian ad Litem report. The judge applies the best interests of the child standard under RSA 170-B:1. In the vast majority of cases, the hearing is brief and celebratory — the judge enters the final decree, and the family walks out of the courthouse with a new legal relationship that is permanent and irrevocable.

What is a Guardian ad Litem and when is one required?

A Guardian ad Litem (GAL) is an attorney or trained professional appointed by the court to represent the child's independent interests in the proceeding. Not every NH adoption requires a GAL — for uncontested adoptions with a clear best-interests picture, many Probate Court judges do not appoint one. In contested adoptions or adoptions with complex circumstances, a GAL appointment is more common. Your attorney will advise on whether the Probate Court in your county typically requires a GAL for your type of adoption.

Can we travel with the child during the interlocutory period?

Domestic travel is generally unrestricted. For travel outside the United States, the child's immigration status and passport eligibility under the interlocutory decree (as opposed to a final decree) are relevant. Consult your attorney before international travel with the child during the interlocutory period. For ICPC cases where a child was placed from another state, the sending state's ICPC requirements may also impose travel restrictions — confirm with your attorney.

The interlocutory period is not a formality. It is the final supervised phase of a legal process that will culminate in a permanent, irrevocable court order. The New Hampshire Adoption Process Guide devotes a full chapter to what HE-C 6448 requires, what each post-placement visit evaluates, and how to arrive at your finalization hearing with a post-placement report that leaves nothing to chance.

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