In 2014, New Hampshire surrogacy legislation was passed to regulate surrogacy in the state. Surrogacy laws in New Hampshire are among the most clear and well-defined in the United States making it one of the best places to pursue surrogacy.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in New Hampshire, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in New Hampshire.
Yes. In 2014, New Hampshire surrogacy legislation was passed to regulate surrogacy in the state. Since these legal measures were passed, surrogacy has been an increasingly common family-building method in New Hampshire.
Yes. Traditional surrogacy laws in New Hampshire are not formally established; they do not prohibit the practice but they also dont state whether it is legal, creating a risky situation and legally gray area.
Due to this lack of clarity and the risks of pursuing a traditional surrogacy, where the surrogate is the biological mother of the child, most surrogacy attorneys will not complete a traditional surrogacy.
Yes. Surrogacy laws in New Hampshire confirm a surrogates right to receive compensation and the legal enforceability of these surrogacy contracts. This is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
New Hampshire surrogacy laws set out a list of requirements for all gestational surrogacy contracts in order to be enforceable by law.
By law, surrogates and intended parents in New Hampshire must meet these requirements:
By law, the surrogacy contract must include:
Both intended parents and their surrogate must be represented by separate surrogacy attorneys for the drafting of the contract. Once the contract has been finalized and signed by both parties (including the surrogates spouse, if applicable), the medical process of surrogacy can begin.
Pre-birth parentage orders are permitted in New Hampshire surrogacy legislation regardless of the marital status or genetic connection of the intended parents. No hearing is required as long as state requirements are met regarding affidavits and other official documentation.
Q: Is Same-Sex Surrogacy Legal in New Hampshire?
A: Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in New Hampshire?
A: No. There are no additional laws impacting same-sex parents in this state.
A: Yes. Surrogacy contracts are enforceable as long as they meet the requirements set forth in New Hampshire surrogacy laws.
A: No. International intended parents are subject to the same New Hampshire surrogacy laws as domestic intended parents. It is important, however, that Intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
A: Intended parents rarely need to complete an adoption after birth because New Hampshire surrogacy courts grant pre-birth parentage orders to all intended parents. In cases where intended parents from New Hampshire complete a surrogacy in another state where they cannot obtain a parentage order, they may need to complete an adoption after their baby is born.
A: Yes. Second-parent adoptions are permitted and are available to unmarried individuals. However, second-parent adoptions in New Hampshire are typically only useful in surrogacy situations where one of the unmarried intended parents was able to obtain a parentage order, but for some reason, the other intended parent was not.
Stepparent adoptions are permitted and are available to married couples.
A: Intended parents who complete a surrogacy in New Hampshire are usually able to obtain a pre-birth order, regardless of marital status and regardless of whether they used a donor egg, sperm, or embryo. New Hampshire surrogacy laws state that a donor shall not be the parent of a child conceived as a result of assisted reproduction and a gestational carrier agreement.
Kathleen A. DeLisle, Esq.
Concord, NH
kdelisle@NDLLaw.com
ndllaw.com
(508) 449-3995
Christine M. Hanisco
Concord, NH
chanisco@lifestageslaw.com
lifestageslaw.com
(978) 938-4380
Catherine Tucker
Loudon, NH
info@nhsurrogacy.com
nhsurrogacy.com
(617) 388-4565
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