In re Guardianship of Madelyn B.

Summary

The Supreme Court of New Hampshire held that the statutory presumption of parentage based on receiving a child into one’s home and openly holding the child out as one’s own applies equally to women and men. The court concluded that Susan B. sufficiently pleaded presumed parentage of Madelyn B., reversed dismissal of her parenting petition, and remanded for further proceedings. It also vacated the denial of intervention in the adoption proceedings and termination of the guardianship, staying both proceedings until Susan’s parentage was determined.

Holdings

1. RSA 168-B:3, I(d)'s holding-out presumption applies equally to women and men; the statute's references to a man and male pronouns do not bar a woman from establishing presumed parentage under the provision.
2. Susan adequately pleaded a claim for presumed parentage under RSA 168-B:3, I(d) by alleging that she received Madelyn into her home and openly held Madelyn out as her child.
3. Because Susan's parenting petition stated a viable claim for presumed parentage, the orders denying her motion to intervene in the adoption proceedings and terminating her guardianship were vacated, and both proceedings were stayed until Susan's parentage was finally determined.

Questions Presented

1. Whether RSA 168-B:3, I(d), which presumes a man to be the father of a child whom he receives into his home and openly holds out as his child, applies equally to women.
2. Whether Susan's allegations that she received Madelyn into her home and openly held her out as her child were sufficient to state a claim for presumed parentage under RSA 168-B:3, I(d).
3. Whether the dismissal of Susan's parenting petition required vacatur of the orders denying her intervention in the adoption proceeding and terminating her guardianship.

Disposition

reversed_and_remanded