New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 170-B:4 (2026)
Who May Adopt
✓ current as of May 2026
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170-B:4 Who May Adopt. –
Any of the following adults may adopt:
I. Two adults together.
II. An unmarried adult.
III. The unmarried parent of the adoptee.
IV. A married adult without that person's spouse joining as a petitioner, if the adoptee is not the petitioner's spouse; and if any one of the following circumstances apply:
(a) The petitioner's spouse is a parent of the adoptee and assents to the adoption;
(b) The petitioner and the petitioner's spouse are legally separated;
(c) The failure of the petitioner's spouse to join in the petition is excused by the court by reason of prolonged unexplained absence, unavailability, or circumstances constituting an unreasonable withholding of assent; or
(d) The petitioner's spouse assents to the adoption and the adoptee is over the age of 18.
V. An unmarried adult with the assent of at least one of the adoptee's parents and with the intention to share parenting responsibilities with one of the adoptee's parents.
VI. A person or persons who are parents of a child conceived via assisted reproduction as defined in RSA 168-B:1, II for the purpose of confirming the legal relationship between child and parent.
Any of the following adults may adopt:
I. Two adults together.
II. An unmarried adult.
III. The unmarried parent of the adoptee.
IV. A married adult without that person's spouse joining as a petitioner, if the adoptee is not the petitioner's spouse; and if any one of the following circumstances apply:
(a) The petitioner's spouse is a parent of the adoptee and assents to the adoption;
(b) The petitioner and the petitioner's spouse are legally separated;
(c) The failure of the petitioner's spouse to join in the petition is excused by the court by reason of prolonged unexplained absence, unavailability, or circumstances constituting an unreasonable withholding of assent; or
(d) The petitioner's spouse assents to the adoption and the adoptee is over the age of 18.
V. An unmarried adult with the assent of at least one of the adoptee's parents and with the intention to share parenting responsibilities with one of the adoptee's parents.
VI. A person or persons who are parents of a child conceived via assisted reproduction as defined in RSA 168-B:1, II for the purpose of confirming the legal relationship between child and parent.
Source. 2004, 255:1, eff. Jan. 2, 2005. 2020, 26:1, eff. Jan. 1, 2021.
Notes of Decisions
Cited in 10
cases, 1980–2020 · leading case: In re Jason C., 533 A.2d 32 (N.H. 1987).
In re Jason C., 533 A.2d 32 (N.H. 1987). “” RSA 170-B:4, II. Although “adult” is in the singular, Daniel submits that it may be construed to include two unmarried adults, under the provision of RSA 170-B:2, XII that, as terms are used in the adoption statute, the “singular includes the plural.”
In Re Diana P., 424 A.2d 178 (N.H. 1980). “RSA 170-B:4 IV provides foster parents with the right to petition the probate court to adopt a child who is in their care.”
In re Y.L., 190 A.3d 1049 (N.H. 2018). “See RSA 170-B:4, II (2014). Equally evident is that, as an adult who assents to the adoption, Y.”
In re J.W., 213 A.3d 853 (N.H. 2019). “) ruled that RSA 170-B:4 (2014) does not authorize such an adoption and dismissed the petition.”
Citizens for Equal Prot., Inc. v. Bruning, 368 F. Supp. 2d 980 (D. Neb. 2005). “Parentage Act, §§ 701-07, 9B U.L.A. 354-59 (2002) (same). Also, adoption and/or foster parenthood is prohibited to single people and homosexuals in some jurisdictions.”
Opinion of the Justices, 530 A.2d 21 (N.H. 1987). “RSA 170-B:4 would be amended to preclude homosexual persons from adopting any individual.”
In re Sky D., 643 A.2d 529 (N.H. 1994). “We conclude that the defendant’s execution of the petition acknowledged by a notary public met the statutory requirements of execution of consent under RSA 170-B:9, I(c) in this case.”
In re A.D. (N.H. 2019). “The petitioner contends that she has standing to petition to adopt the child either because she is an unmarried adult and, as such, is statutorily- eligible to adopt children, see RSA 170-B:4, II (2014), or because she is the child’s “psychological parent.”
In the Matter of Richell Chrestensen & Sean Pearson, 206 A.3d 329 (N.H. 2019). “See RSA 170-B:4 (2014). The mother allowed the appellant to have contact with the child after the surrender, although the parties dispute the nature and frequency of that contact.”
In re J.P. (N.H. 2020). “See RSA 170-B:4, IV(a). However, as relevant here, before an adoption may be finalized, the statute requires that “a surrender of parental rights .”
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