N.H. Rev. Stat. § 170-C:5-a

Current through Chapter 43 of the 2024 Legislative Session (with exception of Chapter 41 which is not yet available)

Section 170-C:5-a - Termination of the Parent-Child Relationship in Cases of Sexual Assault

A petition for termination of the parent-child relationship shall be granted in cases where the child's birth is the result of sexual assault of the birth mother and where termination of the parent-child relationship is in the best interests of the child. Upon a showing, beyond a reasonable doubt, that the child's birth is the result of sexual assault of the birth mother, there shall be a rebuttable presumption that termination of the biological father's parent-child relationship with the child is in the best interest of the child. This section shall apply to a person who has been found to be the father of a child and who:

I. Has been convicted of or who has pled guilty or nolo contendere to a violation of sexual assault as defined in RSA 632-A:2 through RSA 632-A:4, or a similar statute in another state against the birth mother for his conduct in fathering the child; or

II. At a fact-finding hearing, is found beyond a reasonable doubt to have fathered the child through an act of non-consensual sexual penetration.

RSA 170-C:5-a

Amended by 2017, 93:1, eff. 1/1/2018.

Added by 2014, 244:1, eff. 1/1/2015.

2014, 244:1, eff. Jan. 1, 2015. 2017, 93:1, eff. Jan. 1, 2018.