There are no exact rules as to when a contract may be implied. Unless other facts
indicate otherwise, a contract to adopt may be implied when:
The circumstances of the transfer clearly indicate that the promise to absolutely
relinquish custody and control was exchanged for the adopting parents' promise to
give the child the same rights and considerations he/she would have had by law had
he/she been their natural child; and
The subsequent conduct and statements of all parties clearly reflect this mutual exchange
of promises, and no other inference can reasonably be drawn, e.g.:
The natural parents have completely given up custody and control of the child;
The adopting parents have taken the child into their home, given him /her their name,
supported, educated, and treated him/her as their own over a period of time;
The child was known in the community as their child; and
The child conducted himself/herself, according to age, as if they were the parents.
Acts such as baptizing the child in the NH's family name where the child has a different
surname, or entering the adopting parents' names on the child's public birth record,
show an intent to adopt.