Parental Rights in New Hampshire

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New Hampshire Parental Rights News

Action Alert: Ask Your State Representative to Support H.B. 1612

January 27, 2022

We’re excited to let you know that a bipartisan coalition of New Hampshire representatives has introduced H.B. 1612, a bill that will change New Hampshire’s child abuse and neglect reporting laws from anonymous to confidential. This critical bill will protect innocent children and families from going through the trauma of an unnecessary governmental investigation and…

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New Hampshire State Law and Parental Rights

At Risk

New Hampshire does not have a state statute that explicitly defines and protects parental rights as fundamental rights.

  • New Hampshire RSA 461-A:6 outlines determination of parental rights and responsibilities; as well as the factors evaluated in decided best interest of the child.
  • RSA 461-A:11 governs the modification of parental rights and responsibilities.
  • RSA 461-A:13 establishes grandparent visitation rights.
  • RSA 461-A:16 establishes the guidelines for appointing a guardian ad litem for children involved in proceedings regarding parental issues.

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New Hampshire Courts and Parental Rights

"Strict Scrutiny" Applied to Parental Rights

However, this precedent is subject to change.

Re R.A., 891 A.2d 564, 576 (N.H. 2005) (plurality) "As parental rights are fundamental and protected by due process, strict scrutiny should be applied when examining statutes dealing with these rights."