New Hampshire

Surrogacy is legal in New Hampshire. Gestational surrogacy is available to all in New Hampshire pursuant to statute (N.H. Rev. Stat. Ann. 168-B (2014)). This law makes it possible for all couples and singles, regardless of genetic relationship or medical need, to obtain a pre-birth order. Post-birth orders can also be obtained.

The statute provides that GCAs must satisfy several requirements, including that it expressly provide:

The GC relinquishes all rights, obligations, and duties as a parent of the resulting child and surrenders physical custody of the resulting child to the IP(s)immediately upon birth of the child.
The IP(s) accept sole rights, obligations, duties, and support as parent(s) of the resulting child as well as physical custody of the child.
Furthermore, in 2020, the Governor signed into law HB 1162 which mandated that a court judgment of parentage can be used to secure the parental relationships of children born through assisted reproduction meaning New Hampshire will accept parentage orders from other states.

Understanding Surrogacy Laws in New Hampshire
Legal Parentage
In New Hampshire, all couples and singles, regardless of genetic relationship or medical need, can obtain a pre-birth order. Post-birth orders can also be obtained.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey.
Pre-Birth Orders
The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the New Hampshire Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About New Hampshire Surrogacy Law
Do You Need a Medical Need for Surrogacy in New Hampshire?
New Hampshire does not require a medical need for surrogacy.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?
New Hampshire permits married couples, partners, and single individuals to pursue surrogacy, regardless of marital status.

Do Intended Parent(s) need a genetic connection to the embryo?
In New Hampshire, intended parents do not need a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in New Hampshire?
International parents can pursue surrogacy in New Hampshire. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?
Yes, New Hampshire allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?
Yes, altruistic surrogacy is permitted in New Hampshire. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in New Hampshire?
Generally no. Intended parents do not need to be New Hampshire residents to carry out a surrogacy journey in New Hampshire. Similarly, gestational carriers are not required to reside in New Hampshire, but for the act to cover their agreement, they usually must give birth within the state.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?
New Hampshire outlines surrogate requirements, but does not have any written laws relating to the rights of a surrogate.