In re J.B.

Summary

The New Hampshire Supreme Court affirmed the denial of a mother’s motion to dismiss a parenting petition filed by a man who was not the child’s biological father but had signed an affidavit of paternity and been subject to a child support order. The court held that the petitioner had adequately alleged parental status under RSA chapter 461-A and could seek parental rights and responsibilities notwithstanding genetic testing showing he was not the biological father. The court also held that allowing the parenting petition to proceed did not violate the mother’s constitutional rights.

Holdings

1. A person who is not the child's biological father may maintain a parenting petition under RSA chapter 461-A when the alleged facts are sufficient to establish parental status through other legally recognized means. The affidavit of paternity, the respondent's prior pursuit of a child-support order, and the absence of rescission or termination were sufficient at the pleading stage to establish that the petitioner was a parent with standing to seek parental rights and responsibilities.
2. Because the petitioner sufficiently alleged that he was a parent, he was presumed to possess rights equal to those of the respondent to raise and care for the child. Therefore, the trial court's continued consideration of the parenting petition did not unconstitutionally intrude on the respondent's parental liberty interest.

Questions Presented

1. Whether a person who is neither the child's biological parent, stepparent, nor grandparent may maintain a parenting petition under New Hampshire Revised Statutes chapter 461-A.
2. Whether permitting the petitioner to maintain the parenting petition would violate the respondent's fundamental liberty interest in raising and caring for her child under the Federal and State Constitutions.

Disposition

affirmed