New Hampshire Adoption Laws: RSA 170-B Explained

If you are adopting in New Hampshire, two statutes govern your case: RSA Chapter 170-B (Adoption) and RSA Chapter 170-C (Termination of Parental Rights). Every procedural requirement — the home study, the 72-hour waiting period, the court hearing, the irrevocability of consent — traces back to one of these chapters.

Most families encounter these statutes through their attorney or agency rather than reading the law directly. But understanding the key provisions gives you the ability to ask better questions, catch errors before they become expensive problems, and understand why each step in the process exists.

What RSA 170-B Governs

RSA Chapter 170-B is the core of New Hampshire adoption law. It establishes:

• Who may be adopted and who may adopt (Sections 3-4)
• How parental rights are voluntarily surrendered (Sections 5-12)
• The rules around financial payments to birth parents (Section 13)
• Post-adoption contact agreements (Section 14)
• Home study requirements (Section 18)
• The adoption petition process and court review (Sections 16-20)
• Reporting requirements after finalization (Section 22)
• Adult adoptions (Section 26)
• Readoption for international cases (Section 27)
• Confidentiality of records (Sections 23-25)

When your attorney files paperwork, quotes timelines, or describes what is required before finalization, they are almost always citing provisions of RSA 170-B.

RSA 170-B vs. RSA 170-C: The Critical Distinction

One of the most common sources of confusion for NH families is the relationship between these two chapters. They address different phases of the same overall goal — getting a child into a permanent, safe family — but they operate on distinct legal tracks.

RSA 170-B governs the adoption itself. It is primarily triggered by voluntary action: birth parents who choose to relinquish their rights, families who choose to pursue adoption, and the legal procedure that transfers the parent-child relationship. It applies regardless of whether DCYF was ever involved in the child's life.

RSA 170-C governs the involuntary termination of the parent-child relationship. It is used when a parent is unable or unwilling to care for a child and the state or a petitioner must prove grounds for termination through a contested court proceeding. RSA 170-C cases are the precursor to adoption when parents will not or cannot consent — most often in the foster care context, following an abuse and neglect case under RSA 169-C.

The practical sequence: in public foster care cases, DCYF first pursues reunification, then if that fails, files for TPR under RSA 170-C. Once the court grants the TPR order, the child is legally free for adoption under RSA 170-B. In private adoption cases, birth parents voluntarily surrender under RSA 170-B directly, and RSA 170-C never enters the picture.

If you are adopting from foster care and DCYF is talking about a TPR hearing, they are in RSA 170-C territory. If your private adoption attorney is talking about consent and surrenders, they are in RSA 170-B.

The 72-Hour Rule: RSA 170-B:8

This is the provision that surprises families most often during infant adoption. Under RSA 170-B:8, a birth mother cannot legally execute a surrender of parental rights until at least 72 hours have passed since the birth of the child.

The 72 hours is a hard floor — there is no court order, medical professional, or agreement between parties that can shorten it. The waiting period exists to ensure that the decision to relinquish is not made while the mother is still under the physical and emotional intensity of delivery.

What this means in practice: if you have been matched with a birth mother, and she gives birth, you cannot have a legally valid surrender for at least three days. The child may be discharged from the hospital before the surrender is executed, which creates a brief period of legal uncertainty regarding who has physical custody. Your attorney should have a plan in place for this transition period before the birth.

The 72-hour rule applies only to the birth mother. A legal father who is not the birth mother can execute a surrender before or after birth.

Execution of Surrender: RSA 170-B:5

To be legally valid, a surrender must be:

• In writing
• Signed by the parent in the presence of a Probate Court judge in the county where the parent resides (or in their home state, if they are not an NH resident)

The surrender must include acknowledgments that:

• The parent has been informed of available counseling services
• No prohibited payments were received in exchange for the surrender

A surrender signed outside the presence of a Probate Court judge, or obtained without these acknowledgments, is not valid and will not support your adoption petition.

Irrevocability of Consent: RSA 170-B:12

Once a surrender is formally approved by the Probate Court, it is final and irrevocable. A birth parent cannot withdraw consent simply because they have changed their mind. The only grounds for withdrawing a surrender after court approval are:

• Proof that the surrender was obtained through fraud, coercion, or duress
• Proof that withdrawal of the surrender serves the child's best interests

Both elements must be proven by a preponderance of the evidence — more likely than not. This is a meaningful legal standard, and "I regret my decision" does not meet it. NH's irrevocability standard is one of the strongest legal protections available to adoptive families.

Birth Father Rights Under RSA 170-B and the Putative Father Registry

Handling the biological father's rights correctly is the area where NH adoptions most commonly run into trouble. Notice failures — failing to properly identify and notify a putative father — can result in an adoption being challenged or vacated months after finalization.

RSA 170-B distinguishes between legal fathers and putative fathers:

Legal father: A man who is married to the birth mother at the time of birth, or who is named on the birth certificate, has the same legal status as the birth mother. He must execute a formal surrender (or have his rights involuntarily terminated) for the adoption to proceed.

Putative father: A man who believes he may be the father but has no established legal relationship with the child. Any man who has registered a claim of paternity with NH's Office of Child Services is entitled to notice of adoption proceedings.

The NH Supreme Court went further in In re J.P. (2020): notice must be given broadly to any man who is providing financial support or "holding himself out" as the father, even without formal registry registration. This expands the scope of who must be notified beyond what many families expect.

The "Interstate Adoption Putative Father Registry Information" form (NHJB-2190-FP) is required if the child was born outside New Hampshire. Your attorney must conduct a search of the birth state's registry (if one exists) in addition to NH's.

Allowable Financial Payments: RSA 170-B:13

NH law carefully regulates what adoptive parents can pay to or on behalf of birth parents. Allowable expenses include:

• Medical and hospital expenses related to the birth
• Mental health and pregnancy counseling
• Reasonable living expenses during pregnancy if the birth mother lacks other resources
• Attorney fees for the birth parent's own legal representation

What is prohibited: any direct payment in exchange for the adoption, any payment contingent on the birth parent choosing adoption, and payments that could constitute "baby buying." All payments must be disclosed in the Affidavit of Expenses (DCYF Form 1807), which is filed with the Probate Court as part of the petition. There is no cap on the total amount, but all payments are subject to court review.

Post-Adoption Contact Agreements: RSA 170-B:14

New Hampshire supports open adoption but draws a distinction between informal arrangements and legally enforceable agreements.

For children who were in DCYF custody, RSA 170-B:14 allows for a voluntarily mediated agreement for ongoing contact between the adopted child and birth family members. To be legally binding, this agreement must be:

• In writing
• Approved by the court before the final adoption decree is entered
• Found to be in the child's best interests

For private adoptions not involving DCYF custody, contact agreements between birth parents and adoptive parents are generally treated as "arrangements or understandings" that are not enforceable in court. This means that in a private infant adoption, a promise of regular photo updates or annual visits is morally binding but not legally enforceable if either party later refuses to honor it.

Importantly, a breach of a post-adoption contact agreement does not affect the validity of the adoption itself.

What RSA 170-B Does Not Cover

RSA 170-B governs domestic adoption procedure. It does not address:

• Immigration and citizenship for internationally adopted children (governed by federal law)
• Hague Convention requirements for international adoption (federal jurisdiction)
• Indian Child Welfare Act requirements when a child is a member of a federally recognized tribe (ICWA preempts state law)
• The specific court procedures in the Family Division for adoptions arising out of abuse and neglect cases

Understanding where RSA 170-B applies and where other law governs can save you from searching in the wrong statute for answers to questions your attorney is likely governed by federal law on.

The New Hampshire Adoption Process Guide walks through each major RSA 170-B provision in plain language, with specific guidance on how each requirement applies across different adoption types. Download it at /us/new-hampshire/adoption.

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