Regulation of Private Domestic Adoption Expenses - New Hampshire

Date: May 2022

Birth Parent Expenses Allowed

Citation: Rev. Stat. § 170-B:13(I)

In any adoption of an unrelated minor child, an intended adoptive parent or anyone acting on their behalf shall pay only the following expenses of the birth parent:

  • Reasonable counseling, medical, and legal fees that shall be paid directly to the provider of the services
  • Reasonable expenses for transportation, lodging, clothing, and meals incurred for the placement of the minor
  • Reasonable living expenses of the birth mother to maintain an adequate standard of living when the mother is unable to due to loss of wages caused by the pregnancy or delivery
  • Reasonable expenses for adoption services provided by an agency at the request of the birth parent that shall be paid directly to the agency

Birth Parent Expenses Not Allowed

Citation: Rev. Stat. § 170-B:13(I)(d)

Payments for living expenses may cover expenses incurred during the pregnancy-related incapacity but not for a period longer than 6 weeks following delivery. Reasonable living expenses shall not include gifts that exceed $50, educational expenses, or other payments for the monetary gain of the birth parent.

Allowable Payments for Arranging Adoption

This issue is not addressed in the statutes reviewed.

Allowable Payments for Relinquishing Child

Citation: Rev. Stat. § 170-B:13(II)

A contract cannot be made to require reimbursement of payments when the birth parent refuses to or withdraws consent to the adoption.

Allowable Fees Charged by Department/Agency

Citation: Rev. Stat. § 170-B:13(I)

An agency may charge reasonable fees for any services provided.

Accounting of Expenses Required by Court

Citation: Rev. Stat. § 170-B:19(V)

Before a final decree of adoption is issued in the adoption of a minor child not related to the petitioner or one of the petitioners, the petitioners shall file with the court, on forms supplied by the department, an affidavit listing the amount of fees or other charges, whether in the form of cash, gifts, or other thing of value, paid to or on behalf of birth parents, physicians, attorneys, or any other person in connection with the adoption, including, but not limited to, fees for medical, legal, or assessment services conducted pursuant to § 170-B:18, or board and care for the birth mother or minor child.