GESTATIONAL SURROGACY LAW NEW HAMPSHIRE
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.
Is Gestational Surrogacy Legal 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.
Is Traditional Surrogacy Legal in New Hampshire?
Yes. Traditional surrogacy laws in New Hampshire are not formally established; they do not prohibit the practice but they also don’t 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.
Is Compensated Surrogacy Legal in New Hampshire?
Yes. Surrogacy laws in New Hampshire confirm a surrogate’s 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:
- Mock cycle compensation
- Embryo transfer compensation
- Starting medication compensation
- Monthly allowance for miscellaneous expenses
- Monthly Housekeeping budget
- Maternity clothing budget
- Medical expenses
- Travel to and from clinic/hospital
- Lost wages if applicable
- Child care if bed rest is required
- Term life insurance
- Medical insurance
- Independent legal counsel
- Psychological counseling
- Other depending on agency
Creating a New Hampshire Surrogacy Contract
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:
- Be at least 21 years old
- Have previously given birth to at least one child
- Have completed a medical evaluation and a mental health consultation
- Have completed a medical evaluation and mental health consultation
By law, the surrogacy contract must include:
- The surrogate’s consent to undergo embryo transfer, become pregnant, carry the child and surrender parental rights to intended parents
- The surrogate’s spouse’s consent to the surrogacy contract
- The intended parents’ acceptance of parental duties and rights after the child is born
- Any surrogate compensation and other financial information
- Potential risks and responsibilities for each party
- An agreement on pregnancy termination
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 surrogate’s spouse, if applicable), the medical process of surrogacy can begin.
Determining Legal Parentage in New Hampshire
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.
Same-Sex Surrogacy in New Hampshire
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.
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in New Hampshire?
A: Yes. Surrogacy contracts are enforceable as long as they meet the requirements set forth in New Hampshire surrogacy laws.
Q: Are There Any Particular Laws for parents Outside the United States Who Complete a Surrogacy in New Hampshire?
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.
Q: When do Intended Parents Need to Complete an Adoption After Birth?
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.
Q: Does New Hampshire Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
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.
Q: What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
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.”
REPRODUCTIVE LAW PRACTITIONERS
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