Stepparent Adoption in New Hampshire
Reviewed by DocDraft Legal Team - New Hampshire - Last updated October 6, 2026
In New Hampshire a stepparent files a Petition for Adoption of Related Minor Child, form NHJB-3198-FP, in the New Hampshire Circuit Court, and the filing fee is $180 for each petition. RSA 170-B has no route for the court to dispense with the other parent's consent. That parent's rights end either by a written surrender signed before the court under RSA 170-B:9, or by a separate termination of parental rights under RSA 170-C, which your spouse, as the child's other parent, files under RSA 170-C:4, I. The other parent must be personally served, and the court must find a RSA 170-C:5 ground beyond a reasonable doubt, such as abandonment, which is presumed when the child was left in the care and custody of another without any provision for support, or without communication from that parent for a period of 6 months. The court may skip the home study because your spouse will remain a parent, and a child 14 or older must assent in writing before the court.
Find out where you stand in New Hampshire
Where are you with adopting your stepchild?
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How are the other parent's rights ended in a New Hampshire stepparent adoption?
Either that parent signs a surrender before the court under RSA 170-B:9, or your spouse petitions to terminate their rights under RSA 170-C:4, I. Termination needs personal service on that parent, or mail or publication if that is impractical, and a RSA 170-C:5 ground proved beyond a reasonable doubt, such as abandonment or substantial and continuous neglect while financially able.
Which court and which form are used for a stepparent adoption in New Hampshire?
File in the New Hampshire Circuit Court on the Petition for Adoption of Related Minor Child, form NHJB-3198-FP, one form per child, with a $180 fee. The court's checklist sends adoptions arising from an RSA 170-C termination case to the Family Division and other adoptions to the local Probate Division.
Is a home study required for a stepparent adoption in New Hampshire?
Not always. RSA 170-B:18, I calls for an assessment in a related minor child adoption, but RSA 170-B:18, III lets the court proceed to hearing and decree without one where one of the child's parents will remain a parent. Without an assessment, RSA 170-B:18, VI requires a state police criminal records check and an abuse and neglect registry search.
At what age must the child consent to a stepparent adoption in New Hampshire?
Under RSA 170-B:3, I, a child 14 years of age or older must assent to the adoption, in writing, signed in the presence of the court where the petition was filed. The court can drop that requirement only if it determines that requiring the child's assent is not in the child's best interests.
New Hampshire's surrender or termination rule, the home study exception, and form NHJB-3198-FP
New Hampshire treats a stepchild as a related minor child under RSA 170-B:2, XV, so a stepparent files the Petition for Adoption of Related Minor Child, form NHJB-3198-FP, with the New Hampshire Circuit Court, and RSA 170-B:16, II lets that petition be filed at any time. The court's checklist puts adoptions arising from an RSA 170-C termination case in the Family Division and other adoptions in the local Probate Division, with a $180 fee per petition. Your spouse does not surrender any rights under RSA 170-B:7, IV-a. The other parent is different: RSA 170-B:5 requires that parent's surrender unless RSA 170-B:7 excuses it, and the chapter gives the court no way to dispense with it. So either that parent signs a written surrender in the presence and with the approval of the court under RSA 170-B:9, with separate counsel unless waived, or your spouse files a Petition for Termination of Parental Rights, form NHJB-2188-F, under RSA 170-C:4, I. That parent must be personally served under RSA 170-C:7, or by certified mail or publication if personal service is impractical, and RSA 170-C:10 requires proof of a ground beyond a reasonable doubt. The usual grounds are abandonment under RSA 170-C:5, I, presumed when the child was left in the care and custody of another without any provision for support, or without communication from that parent for a period of 6 months (the court may also declare abandonment where that parent has made only minimal efforts to support or communicate with the child), and RSA 170-C:5, II, where a parent who is financially able has substantially and continuously neglected to provide necessary subsistence, education or other care. RSA 170-B:18, III lets the court decree the adoption without a home study because one parent remains a parent, and a child 14 or older must assent in writing before the court.
Relevant Laws
New Hampshire RSA 170-B:7 (Persons not required to surrender)
Lists who need not surrender parental rights, including an alleged father who has not met the requirements of RSA 170-B:5, I or RSA 170-B:6, a parent whose rights were terminated under RSA 170-C or by a court in another state, and any parent with whom the petitioner and that parent intend to share parenting responsibilities. Read with RSA 170-B:5, which otherwise requires a surrender from the birth mother and the legal father, and RSA 170-B:9, which requires a written surrender signed in the presence and with the approval of the court.
New Hampshire RSA 170-C:5 (Grounds for termination)
The court may grant a termination petition on listed grounds, including abandonment, presumed when the child was left in the care and custody of another without any provision for support, or without communication from that parent for a period of 6 months, and substantial and continuous neglect by a parent who is financially able. RSA 170-C:4, I lets either parent petition against the other, RSA 170-C:7 requires personal service, and RSA 170-C:10 requires proof beyond a reasonable doubt.
New Hampshire RSA 170-B:18 (Assessment)
Requires an assessment in the adoption of a related minor child, but paragraph III lets the court proceed to hearing and decree without one where one of the adoptee's parents will remain a parent. Paragraph VI then requires a New Hampshire state police criminal records check and an abuse and neglect registry search in a private adoption without an assessment.
New Hampshire Circuit Court checklist: Adoption of a related minor child
The court's service center checklist names form NHJB-3198-FP, says relatives within the second degree include step-parents, lists the birth certificate, VS-37, DSSP256 and NHJB-2171-FP attachments, states the $180 filing fee, and says the home study may be waived in a step-parent adoption.
Regional Variances
New Hampshire stepparent adoption requirements
Court
New Hampshire Circuit Court. Its checklist sends adoptions arising from an RSA 170-C termination case to the Family Division and other adoptions to the local Probate Division. RSA 170-B:15, II venue: the county where the surrender took place or the RSA 170-C termination occurred. RSA 170-C:3: termination is filed where the child or the parents reside.
Petition form
Petition for Adoption of Related Minor Child, form NHJB-3198-FP, one per child, $180 per petition. Termination of the other parent's rights uses the Petition for Termination of Parental Rights, form NHJB-2188-F, signed before a notary or justice of the peace.
Other parent's consent
A surrender of parental rights under RSA 170-B:5, signed in the presence and with the approval of the court under RSA 170-B:9, with separate counsel unless waived for good cause. Your spouse does not surrender under RSA 170-B:7, IV-a.
Proceeding without consent
No dispensing route in RSA 170-B. Your spouse petitions under RSA 170-C:4, I to terminate the other parent's rights, with personal service under RSA 170-C:7 and proof beyond a reasonable doubt under RSA 170-C:10 of a RSA 170-C:5 ground, such as abandonment (left in the care and custody of another without any provision for support, or without communication for a period of 6 months) or substantial and continuous neglect while financially able.
Home study
Required for a related minor child under RSA 170-B:18, I, but the court may proceed without an assessment where one parent will remain a parent under RSA 170-B:18, III. Without one, RSA 170-B:18, VI requires criminal records and abuse and neglect registry checks. The RSA 170-C:9 social study may be waived or limited when one parent files against the other.
Residency or waiting period
The child must be present in New Hampshire under RSA 170-B:15, I. A related minor child petition may be filed at any time under RSA 170-B:16, II, and RSA 170-B:19, IV(a) allows a final decree without an interlocutory period where one parent will remain a parent. No minimum length of marriage is set.
Child's consent age
14 years of age or older, by written assent signed in the presence of the court, under RSA 170-B:3, I, unless the court determines requiring assent is not in the child's best interests.
Suggested Compliance Checklist
Choose surrender or termination for the other parent
Before filing days after startingDecide whether the other parent will sign a surrender before the court under RSA 170-B:9, or whether your spouse will petition to terminate that parent's rights under RSA 170-C:4, I. Termination requires personal service under RSA 170-C:7 and proof beyond a reasonable doubt of a RSA 170-C:5 ground, such as abandonment, presumed when the child was left in the care and custody of another without any provision for support, or without communication from that parent for a period of 6 months, or substantial and continuous neglect while financially able.
File the termination petition if needed
Before or with the adoption petition days after startingYour spouse completes the Petition for Termination of Parental Rights, form NHJB-2188-F, signed before a notary or justice of the peace, with specific facts and dates for each ground, and files it in the county where the child or the parents reside under RSA 170-C:3. Arrange personal service on the other parent.
Prepare form NHJB-3198-FP and the attachments
At filing days after startingComplete one Petition for Adoption of Related Minor Child, form NHJB-3198-FP, per child, and gather the certified birth certificate, the VS-37 clerk report, and the DSSP256 and NHJB-2171-FP releases for the stepparent. Include the surrender or termination court name and case number, and pay the $180 fee or ask for a hardship waiver under RSA 170-B:30.
Complete the background checks or ask to skip the assessment
Before the hearing days after startingBecause your spouse will remain a parent, RSA 170-B:18, III lets the court proceed without an assessment. In that case RSA 170-B:18, VI requires a New Hampshire state police criminal records check and an abuse and neglect registry search for the stepparent, so return the release forms promptly.
Request the child's new name in the petition
At filing days after startingState the name to be used for the child in the petition, as RSA 170-B:16, IV(c) requires, and the court may decree the change of name with the adoption under RSA 170-B:26. A separate name change petition is needed only for a change outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Choose surrender or termination for the other parent | Decide whether the other parent will sign a surrender before the court under RSA 170-B:9, or whether your spouse will petition to terminate that parent's rights under RSA 170-C:4, I. Termination requires personal service under RSA 170-C:7 and proof beyond a reasonable doubt of a RSA 170-C:5 ground, such as abandonment, presumed when the child was left in the care and custody of another without any provision for support, or without communication from that parent for a period of 6 months, or substantial and continuous neglect while financially able. | - | Before filing |
| File the termination petition if needed | Your spouse completes the Petition for Termination of Parental Rights, form NHJB-2188-F, signed before a notary or justice of the peace, with specific facts and dates for each ground, and files it in the county where the child or the parents reside under RSA 170-C:3. Arrange personal service on the other parent. | - | Before or with the adoption petition |
| Prepare form NHJB-3198-FP and the attachments | Complete one Petition for Adoption of Related Minor Child, form NHJB-3198-FP, per child, and gather the certified birth certificate, the VS-37 clerk report, and the DSSP256 and NHJB-2171-FP releases for the stepparent. Include the surrender or termination court name and case number, and pay the $180 fee or ask for a hardship waiver under RSA 170-B:30. | - | At filing |
| Complete the background checks or ask to skip the assessment | Because your spouse will remain a parent, RSA 170-B:18, III lets the court proceed without an assessment. In that case RSA 170-B:18, VI requires a New Hampshire state police criminal records check and an abuse and neglect registry search for the stepparent, so return the release forms promptly. | - | Before the hearing |
| Request the child's new name in the petition | State the name to be used for the child in the petition, as RSA 170-B:16, IV(c) requires, and the court may decree the change of name with the adoption under RSA 170-B:26. A separate name change petition is needed only for a change outside the adoption. | name-change-petition | At filing |
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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