Parental Rights in New Hampshire

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New Hampshire Parental Rights News

Action Alert: Call your New Hampshire State Legislators to Enact Parents’ Bill of Rights

February 10, 2022

We are excited to let you know that a coalition of New Hampshire State Representatives and one New Hampshire State Senator has introduced H.B. 1431, the Parents’ Bill of Rights!  We strongly support this bill. If H.B. 1431 were to be passed into law, it would: enshrine into New Hampshire law that parental rights are…

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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."