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 COUPLE
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.
This is a copyrighted document and therefore protected by the copyright laws of the United States. Violation of these laws is a punishable offense under the US Copyright laws and, depending on the method of transmission, under the Digital Millennium Copyright Act. Any retransmission or use of this document or any map herein is expressly prohibited without prior and express authorization of Creative Family Connections LLC.
Creative Family Connections LLC is not providing legal advice to users of this website, nor does use of any of the maps or summaries on this website constitute or create any attorney-client relationship between Creative Family Connections LLC and users of this site.
This website is not intended to substitute for consulting with legal counsel in the appropriate local jurisdiction. Creative Family Connections makes no warranties that the information on this site is current, accurate, or that favorable results that have been obtained in prior cases will be obtained in future cases.
Please advise us of any state law updates at email@example.com.