Intended Parents' Guide to New Hampshire Surrogacy Law
Did you know that the New Hampshire surrogacy laws were overhauled in 2014? The laws are now in conformance with best practices for gestational surrogacy. The laws now protect intended parents, gestational surrogates, and the resulting children while allowing for New Hampshire residents to take advantage of advances in assisted reproductive technologies. We’re extra proud that our own Co-Director Catherine Tucker drafted these important provisions.
Here's what intended parents need to know about New Hampshire's updated gestational surrogacy laws:
#1 Non-Discriminatory
New Hampshire's surrogacy laws have been brought into conformance with the state’s laws against discrimination. All intended parents can now participate in surrogacy arrangements in New Hampshire. Straight, gay, married, single—everyone can become a parent through surrogacy. The law no longer discriminates based upon the marital status or sexual orientation of the intended parents. This means the opposite-sex couples, same-sex couples, and single individuals can all become parents through surrogacy in New Hampshire.
#2 Surrogacy Contracts
Written contracts are required for New Hampshire surrogacy arrangements. The law places very specific requirements upon the contents and execution of these contracts, and failing to follow these rules can impact not only the validity of your surrogacy contract but also your ability to obtain a parentage order (which is New Hampshire’s version of a “pre-birth order”). We guide you through the process step-by-step at New England Surrogacy so you relax and enjoy this exciting time.
#3 Parentage Orders
For the court process, we rely upon parentage orders in New Hampshire. These are similar to pre-birth orders but even more surrogacy friendly! Your attorney can explain the nuances to you. But, most importantly, you should know that parentage orders are available using a streamlined court process designed by our own Catherine Tucker. This simplified process means that most intended parents never have to set foot in a courthouse. Nor does your surrogate need to go to court.
#4 Birth Certificates
Parentage orders designate that the names of only the intended parents are to be placed upon the baby's birth certificate. So your birth certificate will specify only your names, listed as “Father/Parent” and “Mother/Parent”. If you are a single intended parent, your name will go in the appropriate spot and the other line will be left blank.
#5 Donor Eggs
The surrogacy laws do not require the intended parents to have any genetic link to the child. This means that donor eggs, donor sperm, and donor embryos may be used. Donors can be known or anonymous. The law does not require paternity testing before a parentage order can be issued, which can be important for some gay couples who don’t want to know which of them is the biological father.
#6 Compensation
Compensation paid to the surrogate is allowed in New Hampshire. All compensation must be reasonable and must also be written into the surrogacy contract.
#7 Surrogacy Agencies
Surrogacy agencies, like New England Surrogacy, are permitted to operate in New Hampshire. This is in line with best practices, because surrogacy journeys are complicated and having experienced professionals guiding participants can be beneficial to everyone. This wasn’t always the case, and before 2014, intended parents and surrogates had to navigate the complex process on their own!
#8 Structured Process
New Hampshire’s surrogacy laws create a structured surrogacy process in New Hampshire. This structure best protects all the participants during the process, and replaces burdensome requirements such as home studies and complex court hearings.
#9 Minimum Requirements for Surrogates
The surrogacy laws require prospective surrogate to be at least 21 years old and have given birth to at least one child previously. Prospective surrogates need to pass a medical exam to ensure that another pregnancy won't pose a risk to either themselves or the baby. These requirements are all consistent with best practices, so we’re glad to see them written into the law. Don’t worry, at New England Surrogacy, all of our surrogates exceed these basic requirements, and are screened to our higher standards.
#10 Gestational Surrogacy
New Hampshire's laws distinguish between gestational surrogacy (where the intended mother's egg or donated eggs are used) and traditional surrogacy (which uses the surrogate's own eggs). The revised law only governs gestational surrogates (sometimes called "gestational carriers"). Traditional surrogacy is handled under a different legal process in New Hampshire. At New England Surrogacy, we only work with gestational surrogates.
Want to learn more about becoming a parent through surrogacy? Contact us today to arrange a free consult.
Want to learn more about becoming a surrogate? Contact us today for a free, no strings attached consultation with an experience surrogate.