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New Hampshire Surrogacy Law Overview

The Center for Surrogate Parenting walks you through New Hampshire surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including New Hampshire surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about New Hampshire surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Surrogacy is a permitted practice in New Hampshire and the state provides certain statutory protections to all parties engaged in a gestational surrogacy agreement, including providing a specific framework for how and when a parentage order may be obtained.

    • Does the state have surrogacy laws and/or case law?

      State law expressly permits gestational surrogacy.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      New Hampshire courts are typically favorable towards surrogacy arrangements.

    • Is commercial surrogacy legal?

      Commercial surrogacy is legal in New Hampshire and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      Traditional surrogacy is neither statutorily permitted nor prohibited, thus it is technically legal. However, no pre-birth orders are permitted to be granted in such cases. Rather, the state prefers to treat a traditional surrogacy arrangement as an adoption, requiring the intended parents to wait until after the child’s birth to initiate proceedings to secure their parental rights.

    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      A surrogacy contract shall be binding and enforceable if it is in writing, signed by all parties, and executed prior to the start of any medical procedures. The surrogate and intended parents must meet certain requirements and have independent legal counsel. They agreement should discuss the legal, financial and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      Pre-birth parentage orders can readily be obtained by any intended parent, regardless of marital status, sexual orientation or genetic relationship to the child.

    • Can both intended parents be declared the legal parents?

      Yes, both intended parents can be declared the legal parents in a pre-birth order or otherwise, regardless of sexual orientation, marital status, the use of donor eggs or sperm, or genetic relationship to the child.

    • Will the state honor a pre-birth order issued by another state?

      Yes, but it must be domesticated first by a New Hampshire court of law.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The birth certificate is statutorily required to be issued no more than 6 business days following the child’s birth, but they are often issued within 1-2 business days. Same-sex parents are listed as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. They can subsequently obtain a birth certificate that names both fathers only, with no mention of the gestational carrier.

    • Are post-birth adoptions permitted?

      Yes, but because the state’s statutory provisions regarding surrogacy arrangements are so inclusive and provide for the availability of pre- and post-birth parentage orders in nearly any scenario, post-birth adoptions are rarely necessary.

    • Are second-parent adoptions permitted?

      Second parent adoptions are permitted and are available to unmarried individuals. However, second-parent adoptions in New Hampshire are typically only useful in surrogacy situations where one of the unmarried intended parents was able to obtain a parentage order, but for some reason, the other intended parent was not.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted and are available to married couples.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.