I. The probate court has exclusive jurisdiction to grant a petition for adoption if the adoptee is present in the state or is in the legal custody or legal guardianship of an authorized agency located in the state at the time of filing of the petition. All of the requirements of RSA 170-A, if applicable, shall be met.
II. The petition for adoption shall be filed in the probate court of the county in which the surrender has taken place, or in the probate court of the county where a guardianship under N.H. Rev. Stat. Chapter 463 or a termination of parental rights under N.H. Rev. Stat. Chapter 170-C proceeding has occurred related to the same adoptee.

Terms Used In New Hampshire Revised Statutes 170-B:15

  • Agency: means any person licensed by existing law to place minors for adoption. See New Hampshire Revised Statutes 170-B:2
  • Court: means probate court. See New Hampshire Revised Statutes 170-B:2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
  • petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
  • Probate: Proving a will
  • state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
  • Surrender: means the release of all parental rights, including but not limited to care, custody, and control of the child, by a parent, legal guardian, or agency. See New Hampshire Revised Statutes 170-B:2

III. If the court finds that in the interest of substantial justice the matter should be heard in another court, the court may transfer the proceeding in whole or in part to another court within the state or other foreign jurisdiction.