Right to counsel

Key_development Question_mark

Legislation, Termination of Parental Rights (Private) - Birth Parents

In adoption proceedings, the petitioner must pay the reasonable legal fees of the birth parents.   N.H. Rev. Stat. § 170-B:13(a).  N.H. Stat. § 170-B:9 elaborates:


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 [the provision on reasonable fees], unless waived by the court for good cause shown.

Appointment of Counsel: categorical Qualified: no