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New Hampshire Paternity Law

This page about New Hampshire paternity laws is provided as general information only. Journey Genetic Testing does not provide legal advice or representation. We encourage you to research your state laws for the most current information, or contact a family law attorney.

New Hampshire Paternity Law: Title XII – Public Safety & Welfare – Chapter 168-A Uniform Act on Paternity

168-A:1 Obligations of the Father.

The father of a child which is or may be born of unwed parents is liable to the same extent as the father of a child born in wedlock, whether or not the child is born alive, for the reasonable expense of the mother’s pregnancy and confinement and for the education and necessary support of the child. A child born of unwed parents includes a child born to a married woman by a man other than her husband.
Source. 1971, 530:1. 1973, 145:4, eff. July 21, 1973.

168-A:2 Establishment of Paternity; Enforcement.

I. Paternity shall be established upon the filing of:

(a) A petition to the superior court by the mother, putative father, child, or public authority chargeable by law with the support of the child and the granting of such petition by the court; or

(b) An affidavit of paternity with the clerk of the town where the birth of the child occurred pursuant to RSA 5-C:24. The affidavit of paternity shall have the legal effect of establishing paternity without requiring further action pursuant to this chapter, unless rescinded pursuant to RSA 5-C:28.

II. The courts of this state shall give full faith and credit to a determination of paternity made by another state, whether established by court or administrative order, through voluntary acknowledgment of paternity, or by operation of another state’s law.

III. If paternity has been established pursuant to paragraph I or II, the liabilities of the father may be enforced in the same or other proceedings by:

(a) The mother, child, or the public authority which has furnished or may furnish the reasonable expenses of pregnancy, confinement, education or necessary support; or

(b) Other persons, including private agencies, to the extent that they have furnished the reasonable expenses of pregnancy, confinement, education or necessary support.

IV. If a presumption of paternity arises pursuant to RSA 522:4, I(d), the court shall issue a temporary order of support for the child pursuant to RSA 458-C pending final order on the issue of paternity.

V. Upon determining paternity, the court shall provide a copy of the order to the department of state, division of vital records administration, except that the office of child support enforcement services shall provide the copy to the department of state, division of vital records administration in cases initiated by the department of health and human services.

VI. Copies of bills for pregnancy, childbirth, and genetic paternity testing shall be admissible as evidence without requiring third-party foundation testimony, and shall constitute prima facie evidence of costs incurred for such services or for genetic paternity testing.
Source. 1971, 530:1. 1990, 250:4. 1994, 260:4. 1995, 310:182. 1997, 263:19, 20, eff. Aug. 18, 1997. 2003, 319:57, 58, eff. July 1, 2003. 2005, 268:3, eff. Jan. 1, 2006.

168-A:3 Limitations on Recovery From Father’s Estate

The obligation of the estate of the father for liabilities under this chapter is limited to amounts accrued prior to his death and such sums as may be payable for dependence under other laws.
Source. 1971, 530:1, eff. Sept. 5, 1971.

If the child is 3 months old or older, the father’s liability for past education and support under RSA 168-A:1 is limited to amounts accrued from the date of service of the petition on the father or, if the court finds that the father is willfully avoiding service, from such date as the court determines is just and equitable. There is no limitation on retroactive support if the child is less than 3 months old.

168-A:4 Remedies.

I. The superior court has jurisdiction of a proceeding under this chapter and all remedies for the enforcement of judgments for expenses of pregnancy and confinement for a mother or for education or necessary support of children apply including, but not limited to, the provisions of RSA 161-B, 161-C, and 458.

II. In any proceeding concerning the support of children:

(a) The parties shall certify in the initial pleading filed with the court whether or not public assistance is or was paid for the benefit of the children pursuant to RSA 167 and whether or not medical assistance is being provided for the benefit of the children pursuant to RSA 167. If public assistance is or was being provided or if medical assistance is being provided, the initiating party shall provide the department of health and human services, office of child support enforcement services, with copies of any and all pleadings related to medical and child support.

(b) If, during the pendency of the action, the children become the beneficiaries of public or medical assistance, both parties shall notify the court of the public or medical assistance status of the children and shall provide the department of health and human services with copies of all pleadings related to medical and child support.

(c) When notified that public or medical assistance is being provided for the benefit of the children, the court shall provide the office of child support with a copy of any hearing notice pertaining to any medical or child support proceeding.

(d) The department shall be granted leave to reopen any case to modify, clarify, or vacate any order that was entered against its interest when an assignment of rights pursuant to RSA 161 or RSA 167 is or was in effect and the department was not given notice of the proceeding.

III. Upon the prayer of the petitioner the court shall schedule an immediate hearing, as in the cases of prayers for temporary relief in divorce and legal separation proceedings, on the issue of whether, and how much, the alleged father of the child in question shall be required to post in advance as security for the payment of maternity and other expenses for which he may ultimately be held liable under this chapter. The court has continuing jurisdiction to modify or revoke a judgment for future education and necessary support. All remedies under the Uniform Interstate Family Support Act and all remedies included but not limited to the provisions contained in RSA 161-B, 161-C and 458 are available for enforcement of duties of support under this chapter.
Source. 1971, 530:1. 1994, 398:7. 1995, 310:175, 181. 1996, 297:11. 1997, 263:21, 22, eff. Aug. 18, 1997.

Required Probability of Paternity for New Hampshire Courts: 97%
Required Paternity Index: None

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