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New Hampshire Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
New Hampshire law permits an unmarried adult or a husband and wife to petition to adopt. N.H. REV. STAT. ANN. § 170-B:4.

Permits a same-sex couple to jointly petition to adopt? In some jurisdictions.
In 1987, the New Hampshire Supreme Court ruled that two unmarried adults may not jointly petition to adopt a child. In re Jason C., 533 A.2d 32 (N.H. 1987). However, there are several judges in the state who will apparently permit a same-sex couple to petition to adopt in some circumstances.

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, and some lower courts have allowed second-parent adoptions to proceed.  No state court, however, has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.


The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Last Updated: 12/10/2009