What is Adoption?
Who may adopt?
How do I start the adoption process?
Do I need an attorney?
What is open adoption?
What is an At-Risk Placement?
How do you terminate parental rights of the birth parents?
What is a stepparent adoption?
What is the ICPC and does it apply to me?
What is Adoption?
An adoption is a legal process that terminates the parental rights of birth parents and substitutes new (adoptive) parents as the permanent, legal parents for a child. In most adoptions, the state issues a new birth certificate naming the adoptive parents as parents. Often the state requires that the original birth certificate be "sealed" so that no one can get a copy of it.
Who may adopt?
Any single person may adopt and a married couple may adopt a child together. You can adopt a relative, such as a stepchild or nephew or niece, or you can adopt an unrelated child.
How do I start the adoption process?
When you decide that you want to adopt a child, you may wish to contact an adoption agency or an attorney to get started.
1. Get a homestudy done - this is an investigation into your family, health, ideas about parenting and motivation to be a parent. Includes a criminal records check and abuse/neglect registry check.
2. Get matched with a birth mother or child to be adopted - this may be done through an adoption agency, an adoption attorney, or through someone you know. We always recommend that you tell everyone you know (neighbors, mail carrier, hairdresser...) that you are interested in adoption.
3. The attorney or agency will arrange for the termination of the parental rights of the birth parents by consenting to the adoption or by involuntarily terminating their parental rights.
4. The attorney or agency will then follow the legal requirements for adoption. If the child lives in a different state then you will need to complete the ICPC (Interstate Compact on the Placement of Children) requirements. You will need to file a petition to adopt, homestudy and post-placement visits to be sure that the adoption is going well, and attend the Court hearing on adoption.
Do I need an attorney?
An adoption is a legal process, and usually, you will need to be represented by an attorney in order to get the adoption to proceed through the Court system. In some cases, an adoption agency will handle the legal work or may have an attorney on staff to do the adoption.
We generally recommend that you speak with an attorney once you have identified a birth parent or child to be adopted. You will have many questions, both legal questions and questions about how adoptions usually proceed, and whether the adoption seems risky. Each situation is different and you may wish to have an experienced attorney review what you should be doing during the
adoption process.
The goal of all parties in an adoption is to create a permanently secure adoption that cannot be challenged in future years. An attorney can help you achieve that goal by making sure that the adoption is handled properly.
What is open adoption?
Open adoption is when the adoptive parents maintain some communication or contact with the birth parents. Often, this means that the adoptive parents send a picture of the child and letter to the birth parents once a year. Some adoptive parents and birth parents develop a closer relationship and visit; some birth parents don't have any contact with the adoptive parents or child after the adoption.
In New Hampshire, there are some parents that have an open adoption arrangement. However, there is nothing in the adoption laws about open adoption, so any agreement about staying in contact with the child probably cannot be enforced in Court.
What is an At-Risk Placement?
At-risk placement is when the adoptive parents take custody of the child before the parental rights have been terminated. This means that the birth parents can decide to change their minds and take the baby back.
In New Hampshire, the birth parents cannot go into Court to consent to adoption until the baby is at least 72 hours old. And, in fact, depending on the Court's schedule, it may be a couple of weeks before the birth parents can go to Court to agree to the adoption. If the adoptive parents take the baby home during this time, it is considered at-risk. Also, if the birth mother has consented to the adoption, but the birth father has not yet been located or consented to the adoption, then it is an at-risk placement. The adoptive parents have no rights to keep the child if the birth parents change their
minds with an at risk placement.
How do you terminate parental rights of the birth parents?
The adoption cannot happen until the birth parents have agreed to the adoption or until the birth parents no longer have any rights to the child.
1. Consent to Adoption -- Often, the birth mother, and sometimes the birth father, have thought for a long time about the decision to place a child for adoption. In that case, the birth parents can go to Court and sign a document in front of the judge
consenting to place the child for adoption. When the child is being placed by an adoption agency this is called Relinquishment of Parental Rights. The birth parents cannot sign these forms until at least 72 hours after the baby was born.
2. Termination of Parental Rights - the rights of the birth parents can be terminated without their agreement or even without their knowing about it in certain circumstances. If a birth
parent has abandoned a child, or not supported the child, or done certain other things, that parent's rights can be terminated after the Court has had a hearing on this.
What is a stepparent adoption?
A stepparent adoption is when a child is adopted by his or her stepmother or stepfather. The natural parent and the stepparent both have to sign the petition to adopt. The rights of the other natural parent have to be terminated - by consenting to the adoption or by involuntarily termination of parental rights. Usually, the Court will not require a homestudy in a stepparent adoption, although the stepparent must still have a criminal background check and abuse/neglect registry check.
What is the ICPC and does it apply to me?
The ICPC is the Interstate Compact on the Placement of Children. This is a law that deals with bringing children across state lines for adoption. If you are adopting a child from a different state, you need permission of the ICPC Administrator in that state before the child can leave. The ICPC Administrator in the child's home state will review papers to determine whether the child is free for adoption, health status, and the appropriateness of the adoptive home. Then, the ICPC in your home state will review the information and determine whether the child has permission to enter your home state. You need permission of both ICPC in the child's state and ICPC in your state to bring the child home.
If you are adopting a child from the same state, then you do not need to follow the ICPC requirements.
DISCLAIMER
The information contained herein is intended for informational purposes only, not for specific legal advice. This information pertains only to New Hampshire and there is no warranty that the information is accurate or up-to-date. Each adoption
is unique and we urge you to contact an attorney to discuss or receive advice about a specific circumstance.
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