Is Surrogacy Legal in New Hampshire?

Understanding New Hampshire Surrogacy Laws

Not only is surrogacy legal in New Hampshire, it’s a common and welcomed way to become a family. Learn more about the surrogacy laws in New Hampshire, and what those laws mean for you and your family.

The surrogacy laws in New Hampshire outline a clear process by which surrogates and intended parents can come together to expand families safely, legally and with relative ease. In New Hampshire, like when you follow any surrogacy laws in the United States, you’ll need to work with experienced surrogacy professionals to navigate the N.H. surrogacy laws that are relevant to you and your individual situation.

If you have any legal issues with surrogacy, or if you have any questions about surrogacy law in N.H., you should contact a surrogacy attorney. Although the information below may help you better understand some of the general rules and regulations of surrogacy in New Hampshire, it’s not a replacement for professional legal advice.

Here are a few of the most frequently asked questions about New Hampshire surrogacy laws, and their answers:

“Is Surrogacy Legal in New Hampshire?”

Yes. In 2014, New Hampshire surrogacy legislation was passed to regulate surrogacy in the state, create a system of requirements for surrogates and intended parents and to guide the process for everyone involved. Since these legal measures were passed, surrogacy has been an increasingly common family-building method in New Hampshire.

“Is Traditional Surrogacy Legal in New Hampshire?”

Traditional surrogacy laws in New Hampshire are not formally established, but the practice is not prohibited, either. This creates a legally gray area. The state laws that were passed in 2014 only address gestational surrogacy laws in New Hampshire, which is very much legal and commonplace.

Regardless of its place in the law, most surrogacy professionals won’t complete a traditional surrogacy due to the increased legal and emotional risks involved.

“Is Compensated Surrogacy Legal in New Hampshire?”

Yes. The surrogacy laws in New Hampshire affirm that surrogates have the right to receive compensation as negotiated in their surrogacy contracts. Compensation that surrogates receive is to cover the physical risks of surrogacy and pregnancy, missed wages, the time they devote to the process, the necessary travel-related expenses, pregnancy-related costs and more.

“Is Same-Sex Surrogacy Legal in New Hampshire?”

Yes. The New Hampshire surrogacy laws that protect the parental rights of heterosexual intended parent(s) equally protect same-sex couples and LGBT+ individuals. The surrogacy process is generally the same for all intended parents, with the exception of whether or not you’ll need partner with egg or sperm donors to complete the IVF process. Same-sex couples and individuals will usually need that extra step, along with some opposite-sex couples.

Your NH Surrogacy Contract

How your New Hampshire surrogacy legal contract will need to be executed is outlined in state surrogacy law. Here’s what’s required in New Hampshire:

The surrogate, her spouse (if applicable), the intended parent(s) and the two parties’ separate surrogacy attorneys will need to be involved in the legal process. The surrogacy contract will need to be finalized and signed by everyone before you can begin the medical process.

Surrogacy contracts in New Hampshire, by state law, must include:

  • The gestational surrogate’s consent for embryo transfers, pregnancy and surrendering parental rights to the intended parents.
  • The surrogate’s spouse’s (if applicable) consent to the surrogacy contract and an acknowledgment that they have no parental rights to the child the surrogate carries for the intended parents.
  • The intended parents’ acceptance of all parental rights and duties upon birth of the child.
  • Any surrogate compensation or relevant financial information.
  • The potential risks and responsibilities that each party agrees to take on, and what they won’t.
  • Collective agreement regarding situations like pregnancy termination.

These contracts are legally enforceable once completed and signed, but they are also a great tool for starting important discussions and getting on the same page before beginning the surrogacy process.

How to Establish Legal Parentage in New Hampshire

The laws on surrogacy in New Hampshire permit pre-birth parentage orders for intended parents. This means that the legal parental rights of the intended parents are confirmed as soon as the baby is born. This remains true for all intended parents, regardless of genetic connection or marital status.

In New Hampshire, obtaining a parentage order is fairly easy and quick for almost all families. Your New Hampshire surrogacy lawyer will help guide you through that process. If New Hampshire intended parents complete their surrogacy in a state that doesn’t grant them a parentage order, they may need to complete an adoption after the baby is born.

You can learn more about the surrogacy laws in N.H. that may affect you and your surrogacy process, either as a surrogate or as a parent, by consulting a surrogacy professional about your circumstances. Every legal situation is unique, so contact a surrogacy professional now for more information about N.H. surrogacy laws, and what might be relevant in your personal surrogacy journey.

We do our best to keep these pages up to date and accurate, but local surrogacy laws are always subject to change, so be sure to check with your surrogacy attorney about any recent updates.