Frequently Asked Questions: Surrogacy | New Hampshire

Q:Is surrogacy legal in New Hampshire?
Yes. New Hampshire has laws in place that specifically authorize 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?
New Hampshire permits pre-conception orders, which function similarly to pre-birth orders.  An additional benefit of the pre-conception order is that the court validates the written contract between the intended parents and the surrogate, thus providing all the participants with added legal and financial protection.
Q:Will the names of both intended parents go directly on the birth certificate in New Hampshire?
Generally, yes. However, there may be some circumstances where this is not possible.
Q:Can same-sex couples use a surrogate in New Hampshire?
Married same-sex couples can utilize the New Hampshire pre-conception order process or the stepparent adoption process. If you are not a married couple, please call our office to determine whether a surrogacy arrangement in New Hampshire will work for your particular situation.
Q:Do the intended parents need a home study when using a gestational carrier?
While we will do our best to structure the arrangement in such a way that a home study is not required, in some circumstances a home study cannot be avoided.
Q:Will the intended parents be required to adopt the child in New Hampshire?
In certain limited circumstances, an adoption may be required or recommended. We understand that the concept of having to adopt your own child is troublesome, but in some situations it is necessary to 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 proceed with the pre-conception order process before the pregnancy was established.  Is it too late for us to obtain a parentage order to establish our rights?
There are alternative methods that could be used to establish your parental rights.  Please call our office so we can help you select the method best suited to your situation.