Parental Rights in New Hampshire

New Hampshire Parental Rights News

Urgent: Calls needed THIS MORNING to save Parents’ Bill of Rights

May 19, 2022

Please call your NH Representative and NH State Senator this morning to save HB 1431, the Parents’ Bill of Rights.  This excellent bill, which establishes the fundamental right of parents in New Hampshire state law, has already passed the New Hampshire House and Senate. However, disagreements over which version to send to the Governor are…

Be sure to sign up for alerts!

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.

Don't Miss a Critical Issue!

Be sure to sign up for our newsletter to keep posted on parental rights in both your state and nationwide. Through our volunteer network, we monitor the law in all the states. We then pass on important updates and action items.

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."