New Hampshire Revised Statutes 170-C:5-a – Termination of the Parent-Child Relationship in Cases of Sexual Assault
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A petition for termination of the parent-child relationship shall be granted in cases where the child‘s birth is the result of sexual assault of the birth mother and where termination of the parent-child relationship is in the best interests of the child. Upon a showing, beyond a reasonable doubt, that the child’s birth is the result of sexual assault of the birth mother, there shall be a rebuttable presumption that termination of the biological father’s parent-child relationship with the child is in the best interest of the child. This section shall apply to a person who has been found to be the father of a child and who:
I. Has been convicted of or who has pled guilty or nolo contendere to a violation of sexual assault as defined in N.H. Rev. Stat. § 632-A:2 through N.H. Rev. Stat. § 632-A:4, or a similar statute in another state against the birth mother for his conduct in fathering the child; or
II. At a fact-finding hearing, is found beyond a reasonable doubt to have fathered the child through an act of non-consensual sexual penetration.
I. Has been convicted of or who has pled guilty or nolo contendere to a violation of sexual assault as defined in N.H. Rev. Stat. § 632-A:2 through N.H. Rev. Stat. § 632-A:4, or a similar statute in another state against the birth mother for his conduct in fathering the child; or
Terms Used In New Hampshire Revised Statutes 170-C:5-a
- Child: or "minor" means a person less than 18 years of age. See New Hampshire Revised Statutes 170-C:2
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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
- 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
- Statute: A law passed by a legislature.
II. At a fact-finding hearing, is found beyond a reasonable doubt to have fathered the child through an act of non-consensual sexual penetration.