Frequently Asked Questions: Surrogacy | New Hampshire

Q:Is surrogacy legal in New Hampshire?
A: Yes. New Hampshire laws specifically allow gestational surrogacy. It is important to meet with a lawyer before the pregnancy is established in order to ensure that you are able to comply with all the requirements of the applicable laws.
Q:Does New Hampshire allow pre-birth orders?
A: Yes. New Hampshire permits pre-birth orders, along with post-birth orders.
Q:Will the names of both intended parents go directly on the birth certificate in New Hampshire?
Yes, provided that certain requirements of the law were met before the embryo transfer took place.
Q:Can same-sex couples use a surrogate in New Hampshire?
Yes. New Hampshire’s surrogacy laws do not discriminate based on sexual orientation.
Q:Do intended parents have to be married to pursue surrogacy in New Hampshire?
No. The intended parents can be a married couple, an unmarried couple, or a single individual.
Q:Is surrogacy with donor eggs permitted in New Hampshire
Yes.  New Hampshire’s surrogacy law specifically permits the use of donated eggs, as well as donated sperm and donated embryos.
Q:Do the intended parents need a home study when using a gestational carrier?
Generally not.  However, in a small number of cases, out-of-state parents will need a home study if they are pursuing a second parent adoption in their home state.
Q:Will the intended parents be required to adopt the child in New Hampshire?
Generally an adoption is not requires in order to obtain a birth certificate listing both intended parents’ names.  However, for same-sex parents, an adoption by the non-biological parent is recommended as a secondary step to more fully secure your legal rights.
Q:What happens if the gestational carrier wants to keep the baby?
It’s important to keep in mind that this is an incredibly rare scenario. However, it is strongly recommended that you work with an attorney before the pregnancy is established, in order to structure your arrangement to limit this possibility.
Q:Our surrogate is already pregnant, but we didn’t realize we had to comply with certain legal requirements before the pregnancy was established. Is it too late for us to obtain a parentage order to establish our rights?
A prebirth order may still be an option for you.  If not, there are alternative methods that could be used to establish your parental rights. Please contact the Law Office of Catherine Tucker to learn about the parentage options best suited to your situation.