Myth or Fact: Surrogacy is Illegal in New Hampshire

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A lot of people I talk to are under the impression that surrogacy is illegal in New Hampshire.  Actually, both gestational carrier and traditional surrogacy arrangements are permitted in New Hampshire.

Traditional surrogacy occurs when the surrogate provides the ovum (egg); in a gestational carrier arrangement, the ovum is provided by either the intended mother or an egg donor.  New Hampshire has statutes that expressly govern both types of arrangements; these laws are intended to protect the interests of both the intended parents as well as the carrier and her spouse.

Whether or not a particular surrogacy arrangement is permitted under New Hampshire law is a more complex question.  Some of the factors that can come into play include:

  • Whether the intended parent(s) are married, unmarried or a single individual;
  • Whether the intended parents are a same-sex couple;
  • Whether an egg donor is being used;
  • Whether the arrangement is compensated or uncompensated; and
  • How long the carrier has lived in New Hampshire.

Because of the complexities of the law, it is very important for all potential participants to a New Hampshire surrogacy arrangement to obtain legal advice before entering into the arrangement.  If your proposed arrangement won’t work in New Hampshire, your lawyer should be able to suggest alternatives based on your particular circumstances.