Family Law

Stacie Ayn Murphy Corcoran
2011 graduate of Suffolk University,
practicing in Mass. and NH

No. 2019-0132

July 26, 2019

Affirmed

  • Issue: Whether the trial court erred in dismissing the petition to adopt.

The child was placed in foster care with the petitioner, a social worker, and later reunited with the mother and then returned to the petitioner. The petitioner began a relationship with the child’s father, which was discovered by DCYF and the child was removed. The petitioner filed a motion to adopt, which was dismissed by the trial court for lack of standing because the child hadn’t been placed in the petitioner’s home “for the purposes of adoption.” On appeal, the Court reviewed de novo and found that while the petitioner is of a category eligible to adopt under the adoption statute, she did not “meet the statutory conditions to adopt a child,” because while the parent’s rights have been terminated, DCYF was unwilling to consent to an adoption. RSA 170-B:2, XVII (2014).

Bianco Professional Association, of Concord (Crystal Maldonado and Thomas Colantuono on the brief) for the petitioner. Gordon J. MacDonald, attorney general (Laura E.B. Lombardi, senior assistant attorney general, on the brief) for New Hampshire Division for Children, Youth and Families.