New Hampshire Revised Statutes 170-B:9 – Procedure for Execution of Surrender
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I. Any parent surrendering parental rights shall be represented by legal counsel who is not representing an intended adoptive parent or the agency, unless such representation is waived with approval of the court for good cause shown. This paragraph is not intended, however, to create a right to counsel to be provided by the state where the surrendering parent is indigent. Instead, this paragraph is intended to make clear that the petitioning party to the adoption shall provide the surrendering parent with legal counsel consistent with N.H. Rev. Stat. § 170-B:13, I unless waived by the court for good cause shown.
II. A surrender of parental rights by a parent or guardian shall be executed by an instrument in writing, signed by the parent, in the presence and with the approval of the court of the county in which the parent resides. The court may designate a person or another court to take the parent’s surrender on the court’s behalf for good cause shown.
III. Any parent surrendering parental rights shall file with the court information on the age and medical and personal backgrounds of the birth parents and child. Such personal information may include but not be limited to ethnic and religious background, as is reasonably known. This requirement may be waived by the court for good cause shown.
IV. If the parent surrendering is under 18 years of age, the court may require the assent of the minor‘s parents or legal guardian.
V. If the parent does not reside in this state, such surrender may be taken pursuant to the laws of the state where the parent resides. A surrender executed pursuant to the laws of a state other than New Hampshire shall include an affidavit stating that the surrender was taken in accordance with the laws of that state and, where applicable, that the agency named has the authority to surrender the child for an adoption.
VI. The identification of the intended adoptive parents need not be known or disclosed to the birth parent or legal guardian in the surrender.
VII. A surrender executed by the department or by an agency, shall be in writing and signed by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments.
II. A surrender of parental rights by a parent or guardian shall be executed by an instrument in writing, signed by the parent, in the presence and with the approval of the court of the county in which the parent resides. The court may designate a person or another court to take the parent’s surrender on the court’s behalf for good cause shown.
Terms Used In New Hampshire Revised Statutes 170-B:9
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means any person licensed by existing law to place minors for adoption. See New Hampshire Revised Statutes 170-B:2
- Child: means a son or daughter, whether by birth or by adoption. See New Hampshire Revised Statutes 170-B:2
- Court: means probate court. See New Hampshire Revised Statutes 170-B:2
- Department: means the department of health and human services. See New Hampshire Revised Statutes 170-B:2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person so appointed by the probate court. See New Hampshire Revised Statutes 170-B:2
- Minor: or "minor child" means any individual under the age of 18. See New Hampshire Revised Statutes 170-B:2
- Parent: means mother, birth father, legal father, or adoptive parent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntarily surrender. See New Hampshire Revised Statutes 170-B:2
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See New Hampshire Revised Statutes 170-B:2
- 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. Any parent surrendering parental rights shall file with the court information on the age and medical and personal backgrounds of the birth parents and child. Such personal information may include but not be limited to ethnic and religious background, as is reasonably known. This requirement may be waived by the court for good cause shown.
IV. If the parent surrendering is under 18 years of age, the court may require the assent of the minor‘s parents or legal guardian.
V. If the parent does not reside in this state, such surrender may be taken pursuant to the laws of the state where the parent resides. A surrender executed pursuant to the laws of a state other than New Hampshire shall include an affidavit stating that the surrender was taken in accordance with the laws of that state and, where applicable, that the agency named has the authority to surrender the child for an adoption.
VI. The identification of the intended adoptive parents need not be known or disclosed to the birth parent or legal guardian in the surrender.
VII. A surrender executed by the department or by an agency, shall be in writing and signed by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments.