Section 170-B:5 - Persons Required to Execute a Surrender of Parental RightsI. Unless excused pursuant to RSA 170-B:7, a surrender of parental rights shall be obtained from: (a) The birth mother, provided that if the birth mother is under 18 years, the court may require the assent of her parents or legal guardian;(b) The legal father, provided that if the legal father is under 18 years, the court may require the assent of his parents or legal guardian;(c) The birth father, provided that he was found to be entitled to notice and found to be entitled to the right to surrender his parental rights under RSA 170-B:6, and provided that if the birth father is under 18 years, the court may require the assent of his parents or legal guardian;(d) The legal guardian of the adoptee, if both birth parents are deceased, or if parental rights of the birth parent or parents have been surrendered or involuntarily terminated and the court has granted the guardian authority to surrender parental rights for an adoption; or(e) The department or any licensed child-placing agency which through court action or surrender has been given the care, custody, and control of the adoptee including the right to surrender. II. If a surrendering parent is alleged to be incapacitated, incompetent, mentally ill, developmentally disabled, or in any other way mentally deficient, the court may appoint a guardian ad litem to protect the interest of said parent. 2004, 255:1, eff. Jan. 2, 2005.