Aug 13

Surrogacy in New Hampshire: FAQs

Surrogacy in New Hampshire

Q: Is surrogacy legal in New Hampshire?

A: Yes. New Hampshire laws specifically allow and regulate gestational surrogacy. It is important to meet with a lawyer before the pregnancy is established in order to ensure that you 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. The birth order process is simplified when the surrogacy participants follow the specific steps set forth by the law before the surrogate becomes pregnant.

Q: Will the names of both intended parents go directly on the birth certificate in New Hampshire?

A: Yes, provided that certain requirements of the law are met before the embryo transfer takes place.

Q: Can same-sex couples use a surrogate in New Hampshire?

A: 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?

A: 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?

A: Yes. New Hampshire’s surrogacy law specifically permits the use of donated eggs, as well as donated sperm and donated embryos.

Q: Will the intended parents be required to adopt the child in New Hampshire?

A: An adoption is not required in order to obtain a birth certificate listing both intended parents’ names. However, for same-sex parents, a second parent adoption by the non-biological parent is recommended as a secondary step to more fully secure legal rights.

Q: Is a home study required for gestational surrogacy?

A: No, a home study is not part of the statutory process. Keep in mind that out-of-state same-sex couples may need a home study if they are pursuing a second parent adoption in their home state.

Q: Are surrogates permitted to be compensated in New Hampshire?

A: Yes, reasonable compensation is permitted and the compensation package must be written into the legal contract.

Q: What are the requirements to become a surrogate in New Hampshire?

A: A potential surrogate needs to be 21 years old, have given birth to at least one child of her own, and be able to safely carry another pregnancy.

Q: I heard that the New Hampshire legal process was very complicated. Is this true?

A: No. Recent changes to the law allow for a streamlined surrogacy process that is similar to those used in Massachusetts, California, and other surrogacy friendly states.

Q: What happens if the gestational surrogate wants to keep the baby?

A: It’s important to keep in mind that this is a 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: A pre-birth order may still be an option for you. If not, there are alternative methods that could be used to establish your parental rights.

Q: Is traditional surrogacy possible in New Hampshire?

A: Yes, but it is governed by a different legal framework than gestational surrogacy.

Please contact me at the Law Office of Catherine Tucker to learn more about participating in a surrogacy arrangement in New Hampshire.
NH Reproductive Attorney Catherine Tucker