RSA 170-B:9 · Procedure for Execution of Surrender

170-B:9 Procedure for Execution of Surrender. –

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I.

Any parent surrendering parental rights shall be represented by legal counsel who is not representing an intended adoptive parent or the agency, unless such representation is waived with approval of the court for good cause shown. This paragraph is not intended, however, to create a right to counsel to be provided by the state where the surrendering parent is indigent. Instead, this paragraph is intended to make clear that the petitioning party to the adoption shall provide the surrendering parent with legal counsel consistent with RSA 170-B:13, I unless waived by the court for good cause shown.

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II.

A surrender of parental rights by a parent or guardian shall be executed by an instrument in writing, signed by the parent, in the presence and with the approval of the court of the county in which the parent resides. The court may designate a person or another court to take the parent's surrender on the court's behalf for good cause shown.

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III.

Any parent surrendering parental rights shall file with the court information on the age and medical and personal backgrounds of the birth parents and child. Such personal information may include but not be limited to ethnic and religious background, as is reasonably known. This requirement may be waived by the court for good cause shown.

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IV.

If the parent surrendering is under 18 years of age, the court may require the assent of the minor's parents or legal guardian.

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V.

If the parent does not reside in this state, such surrender may be taken pursuant to the laws of the state where the parent resides. A surrender executed pursuant to the laws of a state other than New Hampshire shall include an affidavit stating that the surrender was taken in accordance with the laws of that state and, where applicable, that the agency named has the authority to surrender the child for an adoption.

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VI.

The identification of the intended adoptive parents need not be known or disclosed to the birth parent or legal guardian in the surrender.

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VII.

A surrender executed by the department or by an agency, shall be in writing and signed by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments. Source. 2004, 255:1. 2006, 200:4, eff. July 30, 2006.

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