New Hampshire has no restrictions on at-home paternity testing. You can order a kit, collect DNA samples at home, and mail them to a lab without any state-level barriers. If you want a private answer about biological paternity, any New Hampshire resident can do it.
What makes New Hampshire's paternity laws distinctive is a combination of older statutory framework and a unique filing system that traces back to the state's colonial vital-records tradition. New Hampshire enacted the Uniform Act on Paternity (RSA 168-A) — an older model code than the Uniform Parentage Act most states now use. The DNA threshold for a paternity presumption is set at 97% under RSA 522:4 — distinct from the 95% federal floor most states adopted and the 99% standard of full-UPA states. And the Affidavit of Paternity is filed not with a central state office but with the clerk of the city or town where the birth occurred, who forwards it to the state Vital Records Administration. These rules form the New Hampshire framework you need to understand before signing any paternity document.
Below: how New Hampshire defines paternity under RSA 168-A and RSA 522, the Affidavit of Paternity process, the 97% standard, and where at-home DNA testing fits in.
How New Hampshire Law Defines Paternity
New Hampshire paternity law is in two main places: RSA 168-A, the Uniform Act on Paternity, and RSA 522, which covers blood and genetic tests for paternity determination. New Hampshire did not adopt the more modern Uniform Parentage Act. The older Uniform Act on Paternity has narrower scope and different procedural details than the UPA, and reading it well requires knowing which framework is which.
Marital presumption: New Hampshire follows the common-law presumption that a child born to a married woman is the child of her husband, including a child born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation. The husband is automatically treated as the legal father, his name appears on the birth certificate, and he has full parental rights and obligations from birth. The presumption is rebuttable, but overcoming it requires evidence — typically DNA testing meeting the RSA 522 standard.
Who can bring a paternity action: Under RSA 168-A, a paternity action may be brought by the mother, the alleged father, the child, or the State.
Family Division jurisdiction: Paternity actions in New Hampshire are filed in the Circuit Court — Family Division for the location where the child resides.
Affidavit of Paternity in New Hampshire — Why You File at Town Hall
For unmarried parents who agree on who the father is, New Hampshire offers an Affidavit of Paternity. This is the simplest way to establish legal fatherhood without going to court — but the filing path in New Hampshire is unlike most states.
The form and procedures are described in RSA 5-C:24 to 5-C:28. The Affidavit of Paternity is filed with the clerk of the city or town where the birth occurred. The town or city clerk forwards the affidavit to the New Hampshire Vital Records Administration, which adds the father's name to the child's birth certificate. Hospitals typically provide the form when the child is born.
This town-clerk filing system is a holdover from New Hampshire's colonial-era vital-records tradition. In most states, paternity acknowledgments are filed with a centralized state office of vital statistics. In New Hampshire, the local clerk is the first point of contact — both for the original filing and for any later rescission.
Key details about New Hampshire's Affidavit of Paternity:
- Both parents must sign voluntarily. The form requires the signatures of both the mother and the alleged father. Neither parent can be pressured or coerced.
- The form can be completed at the hospital or afterward. Most affidavits are signed at the hospital, but parents can complete one later through the town or city clerk's office.
- The town or city clerk is the filing office. The clerk forwards the affidavit to the New Hampshire Vital Records Administration for the birth-certificate update.
- Once properly executed and filed, it has the same legal effect as a court determination of paternity. A valid Affidavit of Paternity establishes the parent-child relationship for all purposes.
- The father's name is added to the birth certificate. Filing the affidavit amends the child's birth record through Vital Records.
If you are unsure whether you should sign, consider getting a private answer first. A home paternity test costs $79 and gives you results in days. Those results will not hold up in court, but they can help you make an informed decision before putting your name on a legal document that becomes very difficult to undo.
Rescinding or Challenging an Affidavit of Paternity in New Hampshire
The 60-Day Rescission Window — Filed at Town Hall
A signatory may rescind an Affidavit of Paternity within 60 days after filing or before the date of any administrative or judicial proceeding involving the child to which the signatory is a party — whichever comes first. The rescission is filed with the same town or city clerk's office where the original affidavit was filed.
That local-filing detail matters. If you signed at a hospital in one town and now live in another, the rescission still has to go through the town clerk where the original affidavit was filed. Knowing which town's clerk holds the affidavit is the first practical step.
Challenge After the 60-Day Window
Once the 60-day window closes, the Affidavit of Paternity may be challenged in the Family Division only on the basis of fraud, duress, or material mistake of fact, with the challenger carrying the burden of proof. DNA test results showing exclusion would typically support a material-mistake claim, but a private home test is not admissible — admissible evidence requires chain of custody.
For $79, a home paternity test gives you a private, accurate biological answer that can inform your decision about whether and how to act before the rescission window closes.
New Hampshire's Paternity Adjudication Process
When paternity cannot be resolved through an Affidavit of Paternity, New Hampshire provides a Family Division process to establish it.
The petition is filed in the Circuit Court — Family Division for the location where the child resides. Once filed, the court can:
- Order genetic testing of the mother, the alleged father, and the child under RSA 522
- Receive the genetic test results as evidence — with the 97% threshold described below
- Enter a judgment establishing or excluding the parent-child relationship for all purposes — custody, support, inheritance, and insurance
For a broader overview of every method available, see our guide on how to establish paternity.
Court-Ordered Genetic Testing in New Hampshire
The New Hampshire Family Division has clear authority to order genetic testing in paternity cases under RSA 522. On the court's own motion or on the motion of any party, the court may require the mother, the child, and the alleged father to submit to genetic tests.
The 97% probability standard: Under RSA 522:4, if the genetic test results show a probability of paternity of 97% or higher, a presumption is created that the alleged father is the father. Below 97%, the result is admissible but is weighed with other evidence rather than creating a statutory presumption.
The 97% threshold is distinct from both the 95% federal floor that many UPA states use and the 99% threshold full-UPA states use. New Hampshire's 97% sits between them. In practical terms, modern STR-based inclusion results typically clear 97% with substantial margin, but the in-between threshold matters in edge cases.
Exclusion results: If the genetic testing excludes the tested man, the result is admissible to support a finding that he is not the father.
Mandatory submission: When a court orders genetic testing, the parties must submit. Refusal can result in the court enforcing its order, finding contempt, or drawing adverse inferences. Refusing a court-ordered DNA test in New Hampshire generally works against the refusing party. For more on this, see our article on what happens if you refuse a paternity test.
For a full breakdown of the court-ordered testing process, see our article on court-ordered paternity tests: process, cost, timeline, and what to expect.
New Hampshire Division of Child Support Services (DCSS)
The Division of Child Support Services (DCSS), within the New Hampshire Department of Health and Human Services, handles paternity establishment and child-support enforcement for the state.
DCSS can:
- Establish paternity for children born to unmarried parents
- Arrange genetic testing when paternity is in question
- Locate noncustodial parents
- Establish, modify, and enforce child-support orders through the Family Division
- Distribute child-support payments to families
If a custodial parent applies for child-support services through DCSS and the father has not been legally established, the division will assist with the paternity process. That includes helping parents complete the Affidavit of Paternity or, if the alleged father is unwilling to sign, arranging DNA testing and filing a paternity action in the Family Division. DCSS does not represent either parent, but staff assist both sides in completing the necessary steps.
For more on how paternity and child support connect, see our article on paternity tests for child support.
At-Home vs. Legal Paternity Testing in New Hampshire
New Hampshire does not restrict at-home DNA testing. Unlike New York, which requires a licensed physician to order genetic tests, New Hampshire allows residents to purchase and use home test kits without any special permissions. No doctor's order, no state approval.
The one critical limitation:
At-home paternity test results are not admissible in the New Hampshire Family Division.
Home test results are considered "peace of mind" testing. They give you an accurate answer about biological paternity — the lab science is exactly the same — but because there is no chain of custody documentation, the Family Division will not accept them as evidence. No witnessed collection, no ID verification, no tamper-evident seals means no admissibility.
If you need results for a legal matter in New Hampshire — child support, custody, challenging an Affidavit of Paternity, or any Family Division proceeding — you will need a legal paternity test with full chain of custody. That means professional sample collection at an approved facility with ID verification and witnessed handling.
Many New Hampshire residents start with a home test before deciding whether to pursue legal testing. It costs far less, results come back in days, and it gives you a clear answer before spending money on attorneys and Family Division filings. If the home test confirms what you suspected, you go into the legal process with a clearer picture. If it surprises you, you can rethink your next steps before committing. We cover the differences in more detail in our comparison of home vs. legal paternity testing.
How At-Home DNA Testing Works
The DNA testing process works the same way regardless of where you live:
- Order your kit. You can order a home paternity test kit from US Diagnostics Center for $79. The kit ships to your New Hampshire address and includes a prepaid return envelope for mailing your samples back.
- Collect samples. The kit includes cheek swabs for the alleged father and the child. You rub the swab on the inside of each person's cheek for about 30 seconds. No blood, no needles, no pain.
- Mail samples back. Seal the samples in the provided packaging and drop the prepaid envelope in the mail.
- Lab analysis. Once the lab receives your samples, processing takes 2-3 business days. Our lab analyzes up to 28 genetic markers — well above the industry standard of 20 or more markers.
- Get your results. Results are delivered securely online. You'll see either an inclusion (99.99% or greater probability of paternity) or an exclusion (0% probability).
The mother's sample is not required but can strengthen the analysis. A mother's kit can be added during checkout if you want to include it. Express result options are also available during checkout for faster turnaround.
Ordering a Test in New Hampshire
US Diagnostics Center ships nationwide, and New Hampshire residents can order directly from our website. There are no state-level restrictions on purchasing or using an at-home DNA test kit in New Hampshire. Your kit arrives in discreet packaging with everything you need to collect samples and send them back.
We are BBB Accredited with an A- rating. Our lab analyzes up to 28 genetic markers for every test. If you have questions about your specific situation before ordering, our team is available through our contact page.
Frequently Asked Questions
Can I use a home paternity test as evidence in New Hampshire Family Division?
No. The Family Division requires chain of custody documentation for DNA evidence — witnessed collection, government-issued ID verification, and tamper-evident packaging. A home test skips all of that. The results are scientifically accurate and fine for personal knowledge, but the court will not admit them as evidence. For any legal matter, you need a legal paternity test collected at an approved facility.
Why do I file the Affidavit of Paternity at town hall in New Hampshire?
New Hampshire's vital-records system has roots in the colonial era, when town and city clerks were the official record-keepers for births, marriages, and deaths. The state never centralized the initial filing step the way most states did. So the Affidavit of Paternity goes to the clerk of the city or town where the birth occurred, who then forwards it to the New Hampshire Vital Records Administration. A rescission, if you file one, goes back to the same town clerk. Knowing which town's clerk holds the affidavit is the first practical step before doing anything else.
What is New Hampshire's 97% probability threshold?
Under RSA 522:4, if a genetic test shows a probability of paternity of 97% or higher, a presumption is created that the alleged father is the father. Below 97%, the result is admissible but is weighed with other evidence rather than creating a statutory presumption. The 97% threshold sits between the 95% federal floor that many UPA states use and the 99% threshold that full-UPA states require.
How long do I have to rescind an Affidavit of Paternity in New Hampshire?
You have 60 days from filing, or until the date of any administrative or judicial proceeding involving the child to which you are a party — whichever comes first. The rescission is filed with the same town or city clerk who handled the original affidavit. After the 60-day window, the affidavit may be challenged in the Family Division only on fraud, duress, or material mistake of fact.
Does DCSS provide free paternity testing in New Hampshire?
The Division of Child Support Services can arrange genetic testing as part of a child-support case. If DCSS orders the testing in connection with an active case, the agency typically advances the cost, with allocation addressed in the eventual order. Application and fee details are available through DCSS at the New Hampshire Department of Health and Human Services.
Related Reading
- Home Paternity Test vs. Legal Paternity Test: What Is the Difference?
- Court-Ordered Paternity Test: Process, Cost, Timeline, and What to Expect
- At-Home Paternity Testing in Mississippi
- At-Home Paternity Testing in Massachusetts
- Do Hospitals Do Paternity Tests at Birth?
This article is part of our Paternity Testing: The Complete Guide guide.
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