Gestational Surrogacy Regulations in New Hampshire

Overview

Gestational Surrogacy is expressly permitted by N.H. Rev. Stat. Ann. 168-B.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Mental health counseling:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Mental health counseling:
Yes
Resident status:
No*
Previous pregnancies:
at least one
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of New Hampshire, there is basis for venue in New Hampshire. There is also basis for venue if the child is born in New Hampshire

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in New Hampshire:
Yes
Birth outside of New Hampshire:
Yes

Pre-Birth Orders can readily be obtained by any Intended Parent, whether married or unmarried, a heterosexual or same-sex couple, or an individual, and even if neither Intended Parent is genetically related to the child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will New Hampshire Vital Records honor a Pre-Birth Order from another state:
Yes* (if it has been domesticated by a New Hampshire Court)
What is the typical time frame to obtain a birth certificate after delivery:
10 business days
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for New Hampshire Residents:

This situation typically arises if the child is born outside of New Hampshire. The parents then return to New Hampshire to obtain a second parent adoption or stepparent adoption in New Hampshire. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in New Hampshire?

Traditional Surrogacy is not distinguished from Gestational Surrogacy in the New Hampshire Statute, but is generally permitted in New Hampshire. Please consult with your local attorney before moving forward with Traditional Surrogacy.
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