How long does an adult adoption take in New Hampshire?

New Hampshire sets no waiting period for an adult. RSA 170-B:19 lets the judge issue a final decree at the end of the hearing once the required assents are in and the adoption is in the adoptee's best interests. The six month residence rule in the same section applies only to a minor adoptee.

Do birth parents have to be told about a New Hampshire adult adoption?

No. RSA 170-B:7 states that a surrender of parental rights is not required of any parent of the adoptee if the adoptee is an adult. RSA 170-B:17 then directs notice only to a person whose assent is required but who has not yet assented, which never includes a birth parent.

Do I need a home study for an adult adoption in New Hampshire?

No home study attaches, because every mandatory assessment paragraph in RSA 170-B:18 is written for a minor child. Two things still can apply: the court may order an assessment in an adult case under RSA 170-B:17, and RSA 170-B:18 requires a background check in private adoptions where no assessment was done.

Can I adopt an adult in New Hampshire who is older than me?

Nothing in the statute forbids it. Chapter 170-B contains no minimum number of years between the parties and never says the adult being adopted must be younger. The only age figures in the eligibility rules are the assent threshold of 14 and the over 18 triggers in RSA 170-B:4 and RSA 170-B:25.

Who must assent if the adult I want to adopt is married in New Hampshire?

That adult's husband or wife. RSA 170-B:3 says that if the adoptee, whether a minor or an adult, is married, the spouse of the adoptee shall also assent to the adoption, and adds that the court may waive the requirement for good cause shown. This is separate from anything your own spouse does.

Can the adult being adopted change their name in a New Hampshire decree?

Yes, if the petition asks for it. RSA 170-B:26 lets the court decree the change of name when it decrees the adoption. RSA 170-B:16 already requires the petition to state the name to be used, and bars the former name from appearing in the hearing notice or the decree.

How does a New Hampshire adult adoption change inheritance?

RSA 170-B:25 treats the adoptee as if born to the adopting parent, and reciprocal inheritance rights with that parent and their lineal and collateral relatives begin when the final decree issues. New Hampshire attaches no age cutoff, and an adoptee counts as a birth child in a will absent specific language otherwise.

Which county do I file a New Hampshire adult adoption in?

The statute does not answer this cleanly. RSA 170-B:15 fixes county venue by where a surrender, a minor guardianship or a termination of parental rights happened, and an adult adoption involves none of those. Confirm the correct circuit with the court before filing, and note the judge may transfer for substantial justice.

How to Adopt an Adult in New Hampshire

Reviewed by DocDraft Legal Team · New Hampshire · Last updated October 7, 2026

New Hampshire's adoption chapter almost never uses the word consent: in an adult case it asks for assent, and from exactly two people. What they assent to is a probate court order that permanently makes one adult the legal parent of another adult, with the inheritance and next of kin consequences that follow. The two are the adult being adopted, who signs in the presence of the court, and that adult's husband or wife, and the court may waive either (RSA 170-B:3). Eligibility is wide open. RSA 170-B:3 opens with the words any individual may be adopted and attaches no category list, no disability requirement and no prior relationship test. There is no age gap rule either, and New Hampshire does not require the adult being adopted to be younger than the adult adopting. Birth parents are written out of an adult case: RSA 170-B:7 says a surrender of parental rights is not required of any parent of the adoptee if the adoptee is an adult, and the adult notice rule reaches only people whose assent is still missing. The fork that matters most is your own marriage. A married person normally petitions together with a spouse, but where the person being adopted is over 18 that spouse may assent instead of joining (RSA 170-B:4). Taking that route changes the outcome, because the adult then becomes the child of the petitioning spouse alone (RSA 170-B:25). You file in the circuit court probate division, pay $180, and the judge may issue a final decree at the hearing with no waiting period. Attorney review of your petition and assents is available through DocDraft.

Find out where you stand in New Hampshire

Who are you hoping to adopt?

DocDraft provides document preparation, not legal advice.

Who can be adopted as an adult in New Hampshire?

RSA 170-B:3 begins with the words any individual may be adopted, and attaches no category list. There is no disability requirement, no former stepchild requirement, and no rule that the adult be younger than the person adopting. The adult assents in writing, signed in the presence of the court.

Does my husband or wife have to join a New Hampshire adult adoption?

Not always. A married person may petition without the spouse joining where that spouse assents and the person being adopted is over 18 (RSA 170-B:4). Joining makes the adult the child of both of you. Assent alone makes the adult the child of the petitioning spouse only (RSA 170-B:25).

What does it cost to file an adult adoption in New Hampshire?

The New Hampshire Judicial Branch filing fee schedule lists an Adoption Petition at $180.00 in the probate division, stated as a total fee rather than a base figure. RSA 170-B:30 places that cost on the petitioner and lets the court waive entry fees and court costs where payment would work a hardship.

Which court handles an adult adoption in New Hampshire?

The probate court, which RSA 170-B:15 gives exclusive jurisdiction where the adult being adopted is present in the state when the petition is filed. That court is now the probate division of the New Hampshire Circuit Court (RSA 490-F:3). The family division does not hear these petitions.

New Hampshire adult adoption in one view

An adult adoption in New Hampshire is a probate court order that makes one adult the permanent legal parent of another adult, with reciprocal inheritance rights that begin the moment the final decree issues (RSA 170-B:25). Eligibility is not gated. RSA 170-B:3 says any individual may be adopted, and the chapter sets out no category list and no minimum age gap. Only two assents exist in an adult case, from the adult being adopted and from that adult's spouse, and the court may waive either. Birth parents neither surrender parental rights nor receive notice (RSA 170-B:7). The live question for most filers is their own marriage, because a spouse who assents rather than joins leaves the adult the child of one parent instead of two. No residency period and no waiting period apply.

When only one spouse wants to be the parent on paper

Only one spouse in a Lebanon household wants to be the parent on paper, and New Hampshire allows precisely that. You are 54, the man you have treated as a son since he was a teenager is 33, and your wife is not his parent and does not want to become a second adoptive parent. Because he is over 18, RSA 170-B:4 lets her assent rather than join your petition. He assents himself, and because he is married his own wife assents as well (RSA 170-B:3). None of his birth parents surrenders anything and none of them is noticed (RSA 170-B:7). You telephone the circuit first, since RSA 170-B:15 names no county for an adult case. The decree makes him your child alone (RSA 170-B:25). Attorney review of the assents is available through DocDraft.

Relevant Laws

RSA 170-B:3 (who may be adopted, and the two assents)

Opens with the words any individual may be adopted, requires written assent from an adoptee aged 14 or over unless the court finds requiring it is not in the adoptee's best interests, allows a guardian ad litem where incapacity is alleged, and requires the spouse of a married adoptee to assent subject to a good cause waiver.

RSA 170-B:4 (who may adopt, and the spouse joinder fork)

Lists the six routes to petition, including a married adult petitioning without the spouse joining where the adoptee is not that petitioner's spouse and one of four circumstances applies, the last being that the spouse assents and the adoptee is over the age of 18.

RSA 170-B:7 (no surrender required from an adult adoptee's parents)

Lists the persons from whom a surrender of parental rights is not required, and expressly includes any parent of the adoptee where the adoptee is an adult. This is an express statutory exemption rather than a gap in the chapter.

RSA 170-B:15 (probate court jurisdiction and venue)

Gives the probate court exclusive jurisdiction where the adoptee is present in the state at the time of filing, sets county venue by reference to a surrender, a guardianship or a termination of parental rights, and allows transfer in the interest of substantial justice.

RSA 170-B:25 (effect of the decree and inheritance)

Provides that the adoptee is considered the child of the adopting parent as if born to them, that reciprocal inheritance rights with the adoptive family begin when the decree issues, and that where only one spouse petitions and the adoptee is over 18 the adult becomes the child of that adopting spouse.

Regional Variances

New Hampshire adult adoption rules at a glance

Who may be adopted

Any individual (RSA 170-B:3). No category list, no disability gate, no former stepchild or foster gate, and no requirement of a prior relationship. The only exclusion is that a married petitioner filing without their spouse may not adopt that spouse (RSA 170-B:4).

Age relationship

None. Chapter 170-B sets no minimum number of years between the parties and never requires the adult being adopted to be younger. The chapter's only age figures are the assent threshold of 14 and the over 18 triggers in RSA 170-B:4 and RSA 170-B:25.

Assent of the adult being adopted

Required at age 14 and above, in writing, signed in the presence of the court where the petition was filed. The court may dispense with it where requiring assent is not in the adoptee's best interests (RSA 170-B:3).

Assent of the adoptee's spouse

Required if the adoptee is married, in terms that name the adult expressly, and waivable by the court for good cause shown (RSA 170-B:3). This sits apart from anything required of the petitioner's spouse.

The petitioner's spouse

Joinder by default. A married person may petition alone only where the spouse is the adoptee's parent and assents, the couple are legally separated, the court excuses the failure to join, or the spouse assents and the adoptee is over 18 (RSA 170-B:4).

Birth parents

No surrender of parental rights is required of any parent of an adult adoptee (RSA 170-B:7). No notice reaches them either, because RSA 170-B:17 notices only a person whose assent is required and who has not assented.

Court

The probate court, with exclusive jurisdiction where the adoptee is present in the state at filing (RSA 170-B:15). It is now the probate division of the New Hampshire Circuit Court (RSA 490-F:3), not the family division.

Residency and venue

No durational residency for the petitioner. Jurisdiction turns on the adoptee being present in the state (RSA 170-B:15). County venue is unresolved for adult cases, because the venue rule keys to a surrender, a minor guardianship or a termination of parental rights.

Filing fee

$180.00 for an Adoption Petition on the New Hampshire Judicial Branch circuit court fee schedule, listed as a total fee. RSA 170-B:30 puts it on the petitioner and lets the court waive entry fees and court costs for hardship.

Assessment and background check

The mandatory assessment in RSA 170-B:18 is written for minor children. The court may order an assessment in an adult case (RSA 170-B:17), and RSA 170-B:18 requires a state police records check and an abuse and neglect registry search in private adoptions without an assessment.

Timing

A petition to adopt an adult may be filed at any time (RSA 170-B:16). The judge may issue a final decree at the hearing once the assents are in and the adoption is in the adoptee's best interests, with no interlocutory period (RSA 170-B:19).

Name change and records

The court may decree a change of name alongside the adoption if the petition requests it (RSA 170-B:26). The former name is kept out of the hearing notice and the decree (RSA 170-B:16), and an amended birth certificate makes no reference to adoption (RSA 170-B:31).

Inheritance

The adoptee is treated as if born to the adopting parent, and reciprocal inheritance with that parent and their lineal and collateral relatives begins at the decree (RSA 170-B:25). No age cutoff applies, and an adoptee counts as a birth child in a will absent specific contrary language.

Suggested Compliance Checklist

Identify the assents your case actually requires

Before you draft anything days after starting

Confirm whether the adult being adopted is married, since that triggers a second assent from their spouse under RSA 170-B:3. Note that the court may waive either assent, the adoptee's own for best interests and the spouse's for good cause.

Choose between spouse joinder and spouse assent

Before the petition is drafted days after starting

If you are married, decide whether your spouse joins as a petitioner or assents under RSA 170-B:4 because the adult is over 18. Read RSA 170-B:25 first: the assent route leaves the adult the child of the petitioning spouse alone.

Draft the verified petition for adoption

First document to prepare days after starting

Sign and verify the petition under RSA 170-B:16, caption it In the Adoption of with the adult designated under their birth name, and state the name to be used, the birth details, your residence and duration, and your marital status. Attorney review of the petition is available through DocDraft.

Prepare the written assents

With the petition days after starting

Prepare the adult's written assent for signature in the presence of the court, and the assent of that adult's spouse if the adult is married. If your own spouse is assenting rather than joining, prepare that assent as a separate document.

Obtain the birth record and confirm the circuit

Before filing days after starting

Order a certified copy or verification of the adoptee's birth record, which RSA 170-B:16 requires be sent to the court. Then call the circuit you intend to file in, because RSA 170-B:15 names no county that exists in an adult case.

File the petition and pay the fee

When the papers are signed days after starting

File in the circuit court probate division with the assents and the birth record, and pay the $180.00 adoption petition fee from the judicial branch schedule. Ask the court about a fee waiver under RSA 170-B:30 if payment would work a hardship.

Attend the hearing and expect a records check

On your hearing date days after starting

You and the adult both appear unless the court excuses either for good cause (RSA 170-B:19). Be ready for the background check RSA 170-B:18 requires in private adoptions without an assessment, and for a possible court ordered assessment under RSA 170-B:17.

Task	Description	Document	Days after starting
Identify the assents your case actually requires	Confirm whether the adult being adopted is married, since that triggers a second assent from their spouse under RSA 170-B:3. Note that the court may waive either assent, the adoptee's own for best interests and the spouse's for good cause.	-	Before you draft anything
Choose between spouse joinder and spouse assent	If you are married, decide whether your spouse joins as a petitioner or assents under RSA 170-B:4 because the adult is over 18. Read RSA 170-B:25 first: the assent route leaves the adult the child of the petitioning spouse alone.	-	Before the petition is drafted
Draft the verified petition for adoption	Sign and verify the petition under RSA 170-B:16, caption it In the Adoption of with the adult designated under their birth name, and state the name to be used, the birth details, your residence and duration, and your marital status. Attorney review of the petition is available through DocDraft.	-	First document to prepare
Prepare the written assents	Prepare the adult's written assent for signature in the presence of the court, and the assent of that adult's spouse if the adult is married. If your own spouse is assenting rather than joining, prepare that assent as a separate document.	-	With the petition
Obtain the birth record and confirm the circuit	Order a certified copy or verification of the adoptee's birth record, which RSA 170-B:16 requires be sent to the court. Then call the circuit you intend to file in, because RSA 170-B:15 names no county that exists in an adult case.	-	Before filing
File the petition and pay the fee	File in the circuit court probate division with the assents and the birth record, and pay the $180.00 adoption petition fee from the judicial branch schedule. Ask the court about a fee waiver under RSA 170-B:30 if payment would work a hardship.	-	When the papers are signed
Attend the hearing and expect a records check	You and the adult both appear unless the court excuses either for good cause (RSA 170-B:19). Be ready for the background check RSA 170-B:18 requires in private adoptions without an assessment, and for a possible court ordered assessment under RSA 170-B:17.	-	On your hearing date

Frequently Asked Questions

Other New Hampshire guides

Adverse Possession in New Hampshire: Twenty Years and No Tax Element

Asset Protection Planning in New Hampshire (2026)

Dealing With Debt Collectors in New Hampshire (2026)

Expunging a Criminal Record in New Hampshire (2026)

Filing a Workplace Harassment Complaint in New Hampshire

Filing Chapter 7 Bankruptcy in New Hampshire (2026)

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