STATE SURROGACY LAW:

New Hampshire Surrogacy Laws

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Overview

New Hampshire permits gestational surrogacy under the statute N.H. Rev. Stat. Ann. 168-B (2023), which provides a framework for Intended Parent(s) to be named the legal parents of their child, and also provides a process and protection for both the Intended Parent(s) and the surrogate.

Types of Surrogacy Available in New Hampshire

Can a parentage order be obtained for the following?

Gestational surrogacy

YES

Altruistic surrogacy

YES

Traditional surrogacy

NO. but traditional surrogacy agreements may take place in New Hampshire. However, pre-birth orders are not available; Intended Parent(s) must establish parentage via adoption. Moreover, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.

Parentage

Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?

– Both Intended Parent(s) can be named on the parentage order

– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Parent-Parent.

As long as all the statues of N.H. Rev. Stat. Ann. 168-B (2023) are met, the Intended Parents’ names go directly on the birth certificate.

Rights of Egg or Sperm Donor(s)

According to New Hampshire N.H. RSA 168-B:2.III (2023), “a donor is not a parent of a child conceived through assisted reproduction.” This applies equally to sperm, egg, and embryo donors.

Surrogacy Steps in New Hampshire

Surrogacy Process in New Hampshire

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth order

Proceedings begin after the first trimester.

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

Statute requires no more than 6 business days, but often within 1-2 business days.

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

Surrogacy contracts in New Hampshire are recognized and enforced by the state as long as the New Hampshire statutory requirements are met.

Independent Counsel

Independent counsel is required for all parties involved in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Surrogates

Must be at least 21
Must have given birth to at least one child
Must undergo medical examination
Must have mental health consultation
Must undergo legal consultation with independent counsel regarding the terms and consequences of the gestational agreement

Intended Parent(s)

Must complete a mental health consultation
Must undergo legal consultation with independent counsel regarding the terms and consequences of the gestational agreement
Must have testamentary documents in place naming guardians of the minor child prior to the first embryo transfer.

Agencies and fertility clinics may have additional requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

Bases of Venue

What are the bases of venue?

County where the child is born; county where Intended Parent(s) live; county where Gestational Carrier lives.

Do rulings vary by venue?

Can you file a motion to waive venue?

International Issues

International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about the facts of their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.

Residency Requirements

Does the state impose residency requirements on either the surrogate or Intended Parent(s):

As long as a nonresident meets the bases for jurisdiction, there are no residency requirements.

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

YES

Can they obtain a birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 1 business day.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

Kathleen A. DeLisle
Nichols, DeLisle & Lightholder, P.C.
14 Main Street,
Southborough, MA 01772
(508) 460-0500
kadelisle@ndllaw.com
ndllaw.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated September 2023