Surrogacy Law in New Hampshire
New Hampshire Surrogacy Law: Types of Surrogacy
In New Hampshire, gestational surrogacy is practiced, governed by state statute New Hampshire Revised Statutes Ann. 168-B (2014).
Traditional (genetic) surrogacy is permitted in the state, as there are no laws prohibiting it, although post-birth orders are required to complete the declaration of parentage and an adoption may be required.
Although the statute provides consistency from court to court throughout the state, we strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state. This is of particular importance if you’re pursuing surrogacy as an international candidate- that is, if you’re from outside of the United States and working with a surrogate in New Hampshire.
Are There Surrogate Requirements in New Hampshire?
New Hampshire’s statute, N.H. Rev.Stat.Ann. 168-B:9, requires that a gestational surrogate be at least 21 years of age, have given birth to at least one (1) child, has completed a physical medical evaluation in contemplation of the anticipated pregnancy, has completed a mental health consultation and has undergone a legal consultation with independent legal counsel.
Does New Hampshire Surrogacy Law Allow for Pre-Birth Orders?
Parentage Orders: Courts in New Hampshire do grant pre-birth orders, known as “Parentage Orders” and will also grant a Parentage Order post-birth when necessary. Once the necessary documents are filed with the court, a judge must issue an order within 30 days. Hearings are possible, but rare.
New Hampshire law does not require the couple to be married and permits a single intended parent to enter into a surrogacy arrangement.
Married or unmarried heterosexual couples using their own egg and own sperm
Married or unmarried heterosexual couples using donor sperm or donor egg
Married or unmarried same sex couples using either their own egg with donor sperm, or their own sperm with donor egg
Single individual using own egg with donor sperm, or own sperm with donor egg
New Hampshire law does not require a genetic relationship between the intended parent and the child.
Married or unmarried heterosexual couples using embryos created with donor egg and donor sperm
Married or unmarried same sex couples using embryos created with donor egg and donor sperm
Single individual using embryos created with donor egg and donor sperm
New Hampshire law does require:
- Written agreement, executed prior to commencement of medical procedures to impregnate gestational surrogate, which meets all requirements set forth in RSA 168-B:11
- Independent legal counsel for each party
- Mental health consultation for gestational surrogate, her partner, and Intended Parents
- Intended Parents shall make guardianship provisions for the resulting child prior to any embryo transfer
Whose names go on the birth certificate in New Hampshire?
Parents will be listed on the birth certificate as “Father/Parent” and “Mother/Parent.”
An international same-sex male couple can obtain a birth certificate listing the biological father and gestational surrogate as parents. It can later be amended after the fact to list both fathers and omit the gestational surrogate; a second parent adoption is not required.
Surrogacy Conditions for Same-Sex Couples in New Hampshire
New Hampshire does not discriminate based on gender, sexual orientation or marital status.
Are There Options for Unmarried Intended Parents in the state of New Hampshire?
Yes, New Hampshire’s statute treats unmarried couples the same as married couples and does not require a genetic connection to the child.
Egg Donation Law
New Hampshire’s statute N.H. RSA 168-B:2, III (2014) affirms the rights of the intended parents in such disputes: “A donor is not a parent of a child conceived through assisted reproduction.”