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GESTATIONAL SURROGACY IN NEW HAMPSHIRE

Gestational Surrogacy is permitted in New Hampshire by statute, N.H.Rev.Stat. Ann.168-B (2014).

PRE-BIRTH PARENTAGE ORDERS

Do courts grant pre-birth parentage orders? Yes
 
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm: Yes
  • Unmarried heterosexual couple using egg donor or sperm donor: Yes
  • Same-sex couple using egg donor or sperm donor: Yes
  • Single parent using own egg or sperm: Yes

 
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

  • Married heterosexual couple: Yes
  • Unmarried heterosexual couple: Yes
  • Same-sex couple: Yes
  • Single parent: Yes


What are the bases for venue? County of the Gestational Carrier’s residence, county of the Intended Parents’ residence, or county of the child’s birthplace.
 
Do results vary by venue? No
 
Is a hearing required to obtain a pre-birth order? No, the statute provides for an expedited pre-birth order process,without a hearing, provided that specified statutory requirements are met before the embryo transfer takes place. If the requirements are not met, the court can require a hearing before issuing an order.
 
Is a pre-birth order possible in New Hampshire based on a Gestational Carrier’s plan to deliver in New Hampshire, if no party lives in New Hampshire? Yes
 
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? Unclear

Same-Sex Couples

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 they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? 
Yes  
 
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in New Hampshire (i.e., neither of the Intended Parents lives in New Hampshire)?
 Yes
 
Will New Hampshire Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? 
Yes

SECOND PARENT & STEPPARENT ADOPTIONS FOR NEW HAMPSHIRE RESIDENTS

Note: This situation typically arises if the child is born outside of the state. The parents then return to New Hampshire to obtain a second parent adoption or stepparent adoption in New Hampshire.

Will courts in New Hampshire grant second parent adoptions or stepparent adoptions to heterosexual couples living in New Hampshire? Yes

Does the couple need to be married? Yes

 
Will courts in New Hampshire grant second parent adoptions or stepparent adoptions to same-sex couples living in New Hampshire? 
Yes
Does the couple need to be married? Yes, the New Hampshire Supreme Court ruled in In Re Jason C. (1987) that couples must be married to adopt.

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, New Hampshire’s statute N.H. RSA 168-B:2.III (2014) specifies, “A donor is not a parent of a child conceived through assisted reproduction.”

TRADITIONAL SURROGACY IN NEW HAMPSHIRE

Traditional Surrogacy agreements are permitted in New Hampshire. However, pre-birth orders are not available.

State law information provided by the following attorneys practicing Reproductive Law in this state:
 
Catherine Tucker
Catherine@tuckerlegal.com
www.tuckerlegal.com
(603) 290-5015
 
Christopher Berry
cberry@cjberrylaw.com
(207) 839-7004

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