New Hampshire Adoption Process: A Step-by-Step Guide

You've decided to adopt. You've read the general guides, watched the videos, and you still don't know what happens first in New Hampshire — or how long it will actually take. That gap between wanting to adopt and knowing how to start is where most families stall, sometimes for months.

New Hampshire's adoption system is thorough, court-supervised, and built around one principle: the best interest of the child. That means real procedural requirements with real timelines, not just suggestions. Understanding the sequence before you start will save you from costly delays and the gut-punch of a petition rejection over a filing error.

Here is how the process works, from first inquiry to final decree.

Who Can Adopt in New Hampshire

RSA 170-B:4 sets the baseline eligibility. Any single adult or married couple may petition to adopt. You must be at least 18 years old, and some private agencies set their own minimum at 21. There is no maximum age requirement under statute, though agencies and DCYF consider the prospective parent's age relative to the child's needs. Same-sex couples have equal adoption rights in New Hampshire.

If you are a stepparent, you have a streamlined path. If you are a relative within the second degree of kinship — grandparent, aunt, uncle, sibling — you may qualify for modified home study requirements. Everyone else follows the full unrelated minor child process under RSA 170-B:18.

The Four Main Pathways

Before you do anything else, decide which track applies to you. Each has different timelines, costs, and paperwork.

Public adoption through DCYF — You become a licensed foster parent first. If a child in your care has parental rights terminated, you can petition to adopt. Cost is typically zero to a few hundred dollars. Timeline is one to three years. This is the most supported pathway but involves the uncertainty of concurrent planning.

Private agency adoption — You work with a licensed New Hampshire agency for matching, counseling, home study, and post-placement supervision. Total cost ranges from $20,000 to $45,000. Timeline is typically six months to two years depending on the birth parent match.

Independent (attorney-facilitated) adoption — You locate a birth family through your own network or an adoption consultant and hire an NH adoption attorney to manage the legal process. A licensed agency still handles the mandatory home study. Cost is $15,000 to $45,000. Timeline is six months to eighteen months.

Stepparent and relative adoption — A simplified process with reduced home study requirements and lower costs. Typically $1,000 to $3,000 in legal and filing fees. Timeline is three to six months once paperwork is filed.

Phase 1: The Home Study

For any adoption involving an unrelated minor child, RSA 170-B:18 requires a suitability assessment — the home study — before placement can occur. For private adoptions, you must request this assessment at least 30 days before the child enters your home. Missing this window can result in your petition being dismissed.

Only DCYF or a licensed child-placing agency can conduct and certify an NH adoption home study. The assessment includes:

• A minimum of three interviews (at least one in your home), conducted both jointly and individually for couples
• Fingerprint-based background checks through the NH State Police and FBI for every adult aged 17 or older living in the home
• A central registry check for founded child abuse reports in New Hampshire and any state where you have lived in the last seven years
• Fire and health safety inspections with documentation (smoke detectors outside every sleeping area and on every floor; working fire extinguishers)
• A signed medical statement from your physician, based on an exam within the past year
• A financial disclosure covering income, assets, and monthly liabilities

The home study must generally be completed within 120 days of the agency receiving your signed application and all documents. It costs $2,000 to $3,500 at private agencies. Once approved, it is valid for one year. If placement has not occurred within that year, you need an annual update.

Phase 2: Birth Parent Consent and Termination of Parental Rights

Before you can finalize an adoption, the biological parents' legal rights must be formally ended — either voluntarily through surrender or involuntarily through a court termination proceeding.

The 72-hour rule is one of the most important facts in NH adoption law. Under RSA 170-B:8, a birth mother cannot legally sign a surrender of parental rights until at least 72 hours after the child's birth. This is a hard statutory minimum designed to protect against coercive decisions made during the immediate recovery period. No exceptions.

Once executed, a valid surrender is final and irrevocable under NH law (RSA 170-B:12). A birth parent cannot withdraw consent simply by changing their mind. Withdrawal requires proving — by a preponderance of the evidence — that the surrender was obtained through fraud, coercion, or duress, and that withdrawal serves the child's best interests. This irrevocability is one of the strongest protections for adoptive families under NH law.

For the biological father, rights depend on legal status. A legal father (married to the mother or named on the birth certificate) must execute a surrender identical to the mother's. An alleged or putative father who has registered with the Office of Child Services is entitled to notice of adoption proceedings. The NH Supreme Court's ruling in In re J.P. expanded this further: notice must be given to any man who is providing support or holding himself out as the father, even without formal registration.

Phase 3: Placement and the Six-Month Supervision Period

A child cannot be placed in your home until your home has been approved and the agency has advised you in writing of any known legal or medical risks of the placement.

After placement, NH law requires a six-month residency period before you can file for finalization. During this time:

• The supervising social worker must contact you within three weeks of placement
• Face-to-face visits must occur at least once every two months
• At least three total visits are required, with two of them inside your home

This supervision period is required regardless of how long you have known the child. For foster families who have cared for a child for years, it still applies after the legal placement for adoption begins.

Phase 4: Filing the Adoption Petition

After the six-month period, you file the adoption petition in the Probate Division of the Circuit Court in the county where you reside. Filing fee: $180 per child, with an additional $30 for electronic filing.

Your petition packet must include:

1. Petition for Adoption (NHJB-2185-FP for unrelated children; NHJB-3198-FP for related)
2. Certified long-form copy of the child's birth certificate
3. Confidential Report of City/Town Clerk (Form VS-37)
4. Affidavit of Birth Parent Expenses (DCYF Form 1807) — all payments made to or on behalf of birth parents must be disclosed
5. Criminal Record Release (DSSP256) and DHHS Record Release (NHJB-2171-FP)
6. Interstate Adoption Putative Father Registry Information (NHJB-2190-FP) if the child was born out of state
7. Final agency report recommending finalization

An attorney is not legally required, but is strongly recommended given the complexity of the notice requirements and expense affidavits.

Phase 5: The Finalization Hearing

Once the court reviews your petition and all requirements are satisfied, you will be scheduled for a finalization hearing. The hearing is brief — typically 20 to 60 minutes. You, your attorney (if you have one), and the child attend. Friends and family are often welcome to witness.

The judge will swear you in, ask questions about your motivation and commitment, and review the social worker's final report. If everything is in order, the judge signs the Final Decree of Adoption.

After the Hearing: New Birth Certificate

After finalization, you receive a Certificate of Adoption. The court notifies the Division of Vital Records Administration (DVRA) in Concord. To get the child's new birth certificate — which names you as the parents of record — contact the town clerk in the child's town of birth or the DVRA directly. Allow six to eight weeks for processing.

One important note specific to New Hampshire: this is a town-based system. The amended record is registered in the town where the child was born, not in Concord. This is a detail that frequently catches families off guard and delays the birth certificate request.

Total Timeline Summary

Total for private adoption: 12 to 30 months from application to new birth certificate. Total for stepparent or relative adoption: 3 to 9 months.

Understanding this sequence from the start keeps you from being caught off guard at each transition. The New Hampshire Adoption Process Guide walks through each phase in detail, with the specific RSA citations, court forms, and filing timelines you need to move forward with confidence. Get the guide at /us/new-hampshire/adoption.

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