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There are two different ways to terminate his rights. One process is known as a surrender and will require his cooperation. The other method permits you to terminate his rights even without his cooperation. Your husband will then be able to complete what is known as a stepparent adoption. There are also some circumstances under which the biological father’s rights do not even need to be terminated, and you can proceed directly to the adoption.

This is a complex analysis. As a lawyer, I would start by asking my clients the following questions:
*Is the biological father’s name listed on the birth certificate?
*Is there a court case now (or has there been one in the past) to establish paternity?
*Have you ever asked a court to order the biological father to pay child support?
*Were you married to (or did you try to marry) the biological father?
Often “no” answers to these questions mean you can skip the process of terminating the biological father’s rights. But it can get a bit tricky, so you’ll want your lawyer to look at your particular situation for you.

Yes.

Maybe not. This is a fact-specific question so please discuss with your attorney.

Maybe. The putative father registry will be checked before the adoption can go through. If your ex-boyfriend followed through and signed up with the registry, he will be notified about the adoption. If he chooses to get involved with the adoption process, it can make the process complex. So please talk to your attorney if you are in this situation.

There are alternative ways to terminate the father’s rights through the court process without consent from him. However, this makes the adoption process more complex and it will take longer to accomplish. Once the adoption process gets started, the father may come to realize that consenting to the adoption can provide benefits to both himself and the child, and he may become willing to cooperate with the adoption process.

This is a common situation. The first step is to try to track down the other parent. If that doesn’t work, the court can allow alternative methods of letting her know about the court case.

No. Current law requires that he be your husband for the adoption to go through. This is a requirement that may change soon, so be sure to check with your attorney for the most updated information.

There is no set time frame in New Hampshire. The judge will want to make sure a permanent legal bond between your daughter and husband is in your daughter’s best interests. The length of your committed relationship is a factor in making that determination, but not specific time frame is set in the law with regards to the length of your marriage.

Generally a home study is not required in New Hampshire for stepparent adoptions. Typically, the adopting parent will only undergo a background check, consisting of a criminal records check, a child abuse registry check, and an adult abuse registry check. If the biological father’s (or mother’s) rights need to be terminated, expect a GAL (guardian ad litem) to be appointed to conduct an investigation regarding the best interests of the child.

Yes, New Hampshire law allows your child’s name to be changed as part of the stepparent adoption process in one simple step and at no extra court cost. There are fees associated with replacing the birth certificate; if your child was born in New Hampshire, these fees are nominal.

You will receive an adoption decree directly from the court, and you can purchase extra copies of this document directly from the court. If your child was born in New Hampshire, you can also receive an amended birth certificate (with the adopting parent’s name on it), which arrives in the mail a few weeks later. If your child was born in another state, you generally can obtain an amended birth certificate from the vital records department in that state.

Yes. Married female same-sex couples can accomplish a second parent adoption in New Hampshire using the stepparent adoption laws.

It’s still a good idea to do a stepparent adoption because the biological father (or his family) could come back into the picture. You also want the legal tie between your child and the man he knows as “dad” to be as secure as possible. An adoption can accomplish that.

If there is a GAL investigation or home study, the GAL or social worker will likely want to talk to your child. In addition, if your child is 14 or older, he must also agree to the adoption in most cases. A child of any age will need to come to the courthouse for the final hearing.

This will vary from court to court, but it generally will take about 60-90 days to complete a simple stepparent adoption. It may take longer for more complex situations, such as when a biological father’s or known sperm donor’s rights must be terminated. You can also expect things to take longer during the current COVID-19 pandemic.

Yes. Typically, your child’s birth state will issue an amended birth certificate following the adoption, replacing the birth parent’s name with the stepparent’s name.

Adoption is intended to be forever. It is very difficult to undo an adoption. Plan on co-parenting with him if you divorce.

Check out this post on the costs of stepparent adoption in New Hampshire.