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.
New Hampshire permits parentage orders to be issued pre-birth or post-birth. The parentage order process is simplified when the surrogacy participants follow the specific steps set forth by the law before the surrogate becomes pregnant.
Yes, provided that certain requirements of the law are met before the embryo transfer takes place.
Yes. New Hampshire’s surrogacy laws do not discriminate based on sexual orientation.
No. The intended parents can be a married couple, an unmarried couple, or a single individual.
Yes. New Hampshire’s surrogacy law specifically permits the use of donated eggs, as well as donated sperm and donated embryos.
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 may be recommended as a secondary step to more fully secure legal rights.
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.
Yes, reasonable compensation is permitted and the compensation package must be written into the legal contract.
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.
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.
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.
A parentage order may still be an option for you. If not, there are alternative methods that could be used to establish your parental rights. Get in touch right away for a free consult to understand your options.
Yes, but it is governed by a different legal framework than gestational surrogacy.
Ready to talk about surrogacy in New Hampshire? Get in touch now for your free consult.
