In re J.P.

Summary

The Supreme Court of New Hampshire considers whether a biological father was entitled to notice of a stepparent adoption under RSA 170-B:6, I(d). The court holds that the father qualified because he provided financial support and held himself out as the child’s father, and it affirms the order vacating the adoption and awarding related attorneys’ fees and costs. The court vacates and remands the award of attorneys’ fees and costs associated with genetic testing.

Holdings

1. A person is entitled to notice of an adoption under RSA 170-B:6, I(d) when, at the time the adoption proceeding is initiated, he is providing financial support to the birth mother or child and holding himself out as the child's father. The biological father satisfied both requirements.
2. The Probate Division properly vacated the stepfather's adoption because the biological father was entitled to notice under RSA 170-B:6, I(d) and was not notified of the adoption proceeding.
3. The award of attorneys' fees and costs relating to the petition to vacate the adoption was proper under the bad-faith litigation exception.
4. The award of attorneys' fees and costs for the genetic-testing motion and genetic test was an unsustainable exercise of discretion on the basis articulated by the trial court.

Questions Presented

1. Whether the biological father was entitled to notice of the adoption under RSA 170-B:6, I(d) because he was providing financial support to the mother or child and holding himself out as the child's father when the adoption proceeding was initiated.
2. Whether the Probate Division properly vacated the adoption for failure to provide the biological father the required notice and opportunity to establish paternity.
3. Whether the Probate Division properly awarded attorneys' fees and costs incurred in the petition to vacate the adoption under the bad-faith litigation exception.
4. Whether the Probate Division properly awarded attorneys' fees and costs associated with genetic testing.

Disposition

reversed_and_remanded