sb 0026

CHAPTER 9

SB 26 - FINAL VERSION

AN ACT relative to probate court procedures regarding adoptions.

SPONSORS: Sen. Gordon, Dist 2; Rep. Craig, Hills 38

This bill permits the probate court, in adoption cases, to require consent of the parents or guardian of an unwed legal or natural father as well as the consent of such father when the father is under 18 years of age. The bill requires a parent who relinquishes parental rights to be informed of counseling services offered by licensed child-placing agencies by the department of health and human services or a child-placing agency and to file an affidavit with the court stating that such parent was informed of counseling services available through child-placing agencies.

This bill also removes the exemption for child-placing agencies from paying entry fees and certain court costs in adoption and termination of parental rights cases. The bill states that entry fees and court costs will be paid by the petitioner, unless the court waives entry fees and court costs due to hardship.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to probate court procedures regarding adoptions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

9:1 Adoption; Consent of Parents of Unwed Father. Amend RSA 170-B:5, I(c) and (d) to read as follows:

(c) The legal father, provided that if the unwed legal father is under 18 years, the court may require the consent of his parents or legal guardian;

(d) The natural father, provided that he was found to be entitled to notice and found to be entitled to the right to consent under RSA 170-B:5-a, and provided that if the unwed natural father is under 18 years, the court may require the consent of his parents or legal guardian;

9:2 Right to Counseling Prior to Relinquishing Parental Rights. Amend RSA 170-B:7, II to read as follows:

II. Any parent wishing to consent to the adoption of a child [~~must~~] shall be informed by the potential adoptive parents or by their attorney, physician or any intermediary, acting in their behalf that child-placing agencies licensed under RSA 170-E are available to provide counseling about the parent's decision to place the child for adoption.

III. Any parent wishing to relinquish his or her parental rights shall be informed by the department or a licensed child-placing agency that child-placing agencies licensed under RSA 170-E are available to provide counseling about the parent's decision to relinquish parental rights.

9:3 Affidavit Required; Counseling Services Regarding Relinquishment of Parental Rights. Amend RSA 170-B:8, II to read as follows:

II. All rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption, may be relinquished and the relationship of parent and child terminated by an instrument in writing, signed by the parent, in the presence and with the approval of the court of the county, or a person designated by the court, in which the parent or child resides. If the parent does not reside in this state, such relinquishment may be taken pursuant to the laws of the state where the parent resides. At the time of giving the relinquishment, the parent shall file with the court an affidavit stating that the parent has been informed of the counseling services available through child-placing agencies licensed pursuant to RSA 170-E in accordance with RSA 170-B:7, II. If the unwed mother or father is under 18 years of age, the court may require the consent of her or his parents or guardian.

9:4 Adoption; Entry Fees and Court Costs; Exemption Removed. RSA 170-B:25 is repealed and reenacted to read as follows:

170-B:25 Fees and Court Costs. All entry fees and court costs shall be paid by the petitioner. The court, however, may waive entry fees and court costs where payment would work a hardship on the petitioner. The department of health and human services is exempted from paying any entry fees and court costs.

9:5 Termination of Parental Rights; Entry Fees and Court Costs; Exemption Removed. Amend RSA 170-C:13 to read as follows:

170-C:13 Fees and Court Costs. All entry fees and court costs including costs of giving notice [~~and~~], advertising, and court-appointed guardian ad litem fees shall be paid by the petitioner. The court, however, may [~~suspend such~~] waive entry fees and court costs where payment would work a hardship on the petitioner. Where the court [~~suspends~~] waives payment by the petitioner, the state, through the court system, shall pay court costs and the fee of any court appointed guardian ad litem. The department of health and human services [~~and other child-placing agencies are~~] is exempted from paying any entry fees and court costs.