New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 170-B:2 (2026)
Definitions
✓ current as of May 2026
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170-B:2 Definitions. –
As used in this chapter, unless the context otherwise requires:
I. "Adult" means an individual who is not a minor.
II. "Agency" means any person licensed by existing law to place minors for adoption.
III. "Birth father" means a person or persons other than a legal father who has been named, pursuant to RSA 170-B:6, as the father of the child, or who is the subject of a pending paternity action, or who has filed an unrevoked notice of intent to claim paternity of the child pursuant to RSA 170-B:6.
IV. "Birth mother" means a woman who gestates an embryo conceived by natural or artificial insemination, in vitro fertilization, or preembryo transfer, or becomes a parent pursuant to RSA 168-B:12.
V. "Child" means a son or daughter, whether by birth or by adoption.
VI. "Commissioner" means the commissioner of the department of health and human services.
VII. "Court" means probate court.
VIII. "Department" means the department of health and human services.
IX. "Guardian" means a person so appointed by the probate court.
X. "Legal father" means:
(a) The person designated as the father pursuant to RSA 5-C:24 on that child's birth certificate; or
(b) The person designated as the father pursuant to court order resulting from a paternity action;
(c) The person designated as the father upon legitimation pursuant to RSA 457:42; or
(d) The person that was determined by the court to be married to the birth mother at the time of either conception or birth or any time between conception and birth.
XI. "Minor" or "minor child" means any individual under the age of 18.
XII. "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.
XIII. "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
XIV. "Prospective adoptive parent" means the petitioner named on an adoption petition filed in the court.
XV. "Related child" means a child within the second degree of kinship either by blood or affinity. Relatives within the second degree includes step-parents, sisters, brothers, grandparents, aunts, or uncles.
XVI. "Sibling" means one of 2 or more persons having a common parent.
XVII. "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.
XVIII. "Voluntarily mediated agreement" means an agreement made through a court-approved mediation program between the department, birth parents, and prospective adoptive parents in contemplation of post-adoption sharing of information and/or contact regarding the adoption of a child who is either under the legal custody or guardianship of the department.
As used in this chapter, unless the context otherwise requires:
I. "Adult" means an individual who is not a minor.
II. "Agency" means any person licensed by existing law to place minors for adoption.
III. "Birth father" means a person or persons other than a legal father who has been named, pursuant to RSA 170-B:6, as the father of the child, or who is the subject of a pending paternity action, or who has filed an unrevoked notice of intent to claim paternity of the child pursuant to RSA 170-B:6.
IV. "Birth mother" means a woman who gestates an embryo conceived by natural or artificial insemination, in vitro fertilization, or preembryo transfer, or becomes a parent pursuant to RSA 168-B:12.
V. "Child" means a son or daughter, whether by birth or by adoption.
VI. "Commissioner" means the commissioner of the department of health and human services.
VII. "Court" means probate court.
VIII. "Department" means the department of health and human services.
IX. "Guardian" means a person so appointed by the probate court.
X. "Legal father" means:
(a) The person designated as the father pursuant to RSA 5-C:24 on that child's birth certificate; or
(b) The person designated as the father pursuant to court order resulting from a paternity action;
(c) The person designated as the father upon legitimation pursuant to RSA 457:42; or
(d) The person that was determined by the court to be married to the birth mother at the time of either conception or birth or any time between conception and birth.
XI. "Minor" or "minor child" means any individual under the age of 18.
XII. "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.
XIII. "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
XIV. "Prospective adoptive parent" means the petitioner named on an adoption petition filed in the court.
XV. "Related child" means a child within the second degree of kinship either by blood or affinity. Relatives within the second degree includes step-parents, sisters, brothers, grandparents, aunts, or uncles.
XVI. "Sibling" means one of 2 or more persons having a common parent.
XVII. "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.
XVIII. "Voluntarily mediated agreement" means an agreement made through a court-approved mediation program between the department, birth parents, and prospective adoptive parents in contemplation of post-adoption sharing of information and/or contact regarding the adoption of a child who is either under the legal custody or guardianship of the department.
Source. 2004, 255:1. 2005, 246:1, eff. Jan. 1, 2006; 268:5, eff. Jan. 1, 2006. 2020, 26:8, eff. Jan. 1, 2021.
Notes of Decisions
Cited in 8
cases, 1987–2020 · leading case: In re Baby Girl P., 802 A.2d 1192 (N.H. 2002).
In re Baby Girl P., 802 A.2d 1192 (N.H. 2002). “RSA 170-B:2, XIII (Supp. 2001). Natural father is defined as “a person other than a legal father who has been named as the father of the child, or who is the subject of a pending paternity action, or who has filed an unrevoked notice of intent to claim paternity of the child…”
In re Sky D., 643 A.2d 529 (N.H. 1994). “” RSA 170-B:2, XIV (1990). It is undisputed that the plaintiff had not filed a notice of his claim of paternity under RSA 170-B:5-a, I(c) at the time of the adoption proceeding.”
In Re Adoption of M.J.S., 44 S.W.3d 41 (Tenn. Ct. App. 2000). “Florida has a statutory prohibition against homosexuals adopting. See Fl. St. Ann. § 63.042(1997). New Hampshire's statutes, until last year, provided an absolute bar against homosexuals adopting or acting as foster parents.”
In re Jason C., 533 A.2d 32 (N.H. 1987). “He directs our attention to the statutory categories of adults who may be eligible petitioners for authority to adopt another, one of which is described as “[a]n unmarried adult.” RSA 170-B:4, II. Although “adult” is in the singular, Daniel submits that it may be construed to…”
In re J.W., 213 A.3d 853 (N.H. 2019). “See RSA 170-B:4 (providing that only “adults” may adopt); RSA 170-B:2, I (2014) (defining “[a]dult” as “an individual who is not a minor”); RSA 170-B:2, XI (2014) (defining “[m]inor” as “any individual under the age of 18”).”
In re J.P. (N.H. 2020). “See RSA 170-B:2, :4-:6 (2014). RSA chapter 170-B (2014 & Supp.”
In the Matter of Richell Chrestensen & Sean Pearson, 206 A.3d 329 (N.H. 2019). “" RSA 170-B:2, XVII (2014). In this context, the word "custody" means "the allocation of parental rights and responsibilities as provided in [RSA chapter 461-A].”
In re A.D. (N.H. 2019). “RSA 170-B:2, XVII (2014) (defining a “surrender”), :5, I(e).”
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