If you’re considering surrogacy in New Hampshire — either as an intended parent or as a gestational carrier — you deserve to know exactly what to expect.
This guide will walk you through everything you need to know about surrogacy law in New Hampshire. With American Surrogacy by your side, you'll feel supported and informed every step of the way.
If you’re ready to get started or have questions, you can speak with one of our knowledgeable surrogacy specialists.
New Hampshire Surrogacy Laws: Clear Legal Protections for All Parties
Gestational surrogacy is fully permitted under New Hampshire Revised Statutes Annotated, section 168-B (2014). These laws allow both intended parents and surrogates to enter into enforceable contracts, as long as they meet specific eligibility and procedural requirements.
Overall, the statutes provide legal clarity, security and peace of mind for everyone involved in the surrogacy process. And with American Surrogacy, you'll have trusted experts helping you meet every requirement.
Understanding Compensation: Is Paid Surrogacy Legal in New Hampshire?
New Hampshire’s surrogacy laws clearly affirm that gestational carriers have the legal right to receive compensation. This compensation reflects the time, emotional labor and medical commitment involved.
We work with intended parents and surrogates nationwide and can help you match with someone in New Hampshire, where compensated surrogacy is fully legal.
Learn more about how surrogate compensation works and why it's a critical part of most surrogacy journeys.
Are Surrogacy Contracts Enforceable in New Hampshire? Yes, if They're Valid
Surrogacy contracts are fully enforceable in New Hampshire — as long as they meet the state’s legal criteria:
The agreement must be in writing and signed by all parties. Everyone involved must have independent legal counsel. The surrogate must meet eligibility criteria: be at least 21, have given birth before and undergo physical and psychological evaluations.
Surrogacy Contract Checklist
Every surrogacy contract should clearly outline each party's role, rights and responsibilities. Here's what should be included in a surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
We coordinate with top surrogacy attorneys to ensure that your contract reflects your wishes and complies with state surrogacy laws.
When Do I Need a Surrogacy Contract in New Hampshire?
Surrogacy contracts come after matching but before medical procedures begin.
New Hampshire law does not require court approval of the contract before starting medical steps like embryo transfer. However, it must meet all legal requirements to be valid.
Learn more about how long surrogacy takes and the typical timeline.
Where Do I Sign My Surrogacy Contract?
The law requires that your gestational surrogacy agreement be signed in New Hampshire. This means all parties must be physically present to sign it within the state.
Surrogacy agreements must also be notarized. You can find a notary at:
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Banks
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UPS stores
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Online notary services
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Government offices
Working With an Agency: How Will American Surrogacy Support Me During the Contract Stage?
With American Surrogacy, you're never alone. Our specialists coordinate with legal professionals to make sure your contract reflects your needs.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Before we even present a surrogate’s profile, we’ve already researched your state’s surrogacy laws to ensure your process is smooth and compliant.
LGBTQ+ Surrogacy Laws in New Hampshire: Equal Protection for All Families
New Hampshire law supports LGBTQ+ family-building in multiple ways:
Birth certificates list "Parent" and "Parent." Pre-birth orders are available to married and unmarried LGBTQ+ couples, regardless of genetic connection. Second-parent adoptions are allowed for married couples to further protect their parental rights.
At American Surrogacy, we proudly support all family-building journeys.
Abortion Laws in New Hampshire and Surrogacy Contract Termination Agreements
New Hampshire bans abortion at 24 weeks or later. Additionally, State Medicaid will only cover it under very limited conditions.
All surrogacy contracts should include terms for termination and selective reduction, so it’s important to understand how state laws may influence those decisions.
If New Hampshire’s laws don’t align with your preferences, our national reach means we can match you in another surrogacy-friendly state.
Surrogacy Laws for Establishing Parentage in New Hampshire
Establishing parental rights in New Hampshire is straightforward thanks to New Hampshire Revised Statutes Annotated, section 168-B (2014):
Pre-birth orders are available to individuals and couples regardless of marital status or genetic link. Post-birth orders may be issued when pre-birth conditions aren’t met or the process starts later in pregnancy.
New Hampshire's parentage laws are among the most surrogacy-friendly in the U.S.
How to Get a Pre-Birth Order in New Hampshire
Here’s a step-by-step look at how your surrogacy attorney will guide you through the legal process of securing a pre-birth order in New Hampshire:
Each party must be represented by independent legal counsel, and the contract must be signed in New Hampshire and notarized. This includes the executed surrogacy agreement and supporting documents for the pre-birth parentage petition. If all legal requirements were met ahead of time, the court typically grants the order without a hearing.
International Surrogacy Laws
New Hampshire doesn't have any guidelines specifically for international intended parents. However, it’s standard surrogacy laws still apply.
If you live in one of the countries we serve, we can help you match with a surrogate in the U.S. Reach out for more information about our international program.
The Role of a Surrogacy Attorney in New Hampshire
Your surrogacy attorney will ensure your agreement is legally valid, protect your rights and manage your parentage order.
We partner with experienced surrogacy attorneys throughout New Hampshire and can help connect you to the right professional.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
Legal fees for both intended parents and surrogates in New Hampshire typically range from $5,000 to $15,000. The intended parents cover the surrogate’s legal costs as part of the process.
We factor legal expenses into our surrogacy programs, so you won’t need to budget for surprise legal fees.
Find a Surrogacy Attorney Near Me
Looking for trusted legal help? These attorneys are part of our extended network:
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Oleaga Law LLC (Portland, ME and New York, NY): Janene Oleaga is a fertility lawyer and reproductive rights advocate who’s licensed to practice in New Hampshire. She’s also a member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA).
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The Fertility Law Center PC (Westborough, MA): Kathleen DeLisle specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She’s been an AAAA member since 2014.
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Berry Law PA (Bridgton, ME): Christopher Berry is licensed to practice in New Hampshire and focuses on adoptions and assisted reproductive technology cases. He’s been an AAAA member since 2013.
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Law Office of Catherine Tucker PLLC (Loudon): Catherine Tucker is licensed to practice in Massachusetts. She’s an AAAA member who focuses on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy.
Explore Our Surrogacy Programs in New Hampshire
American Surrogacy offers three tailored programs designed to meet your needs.
Limited Risk Program
This plan protects you financially if setbacks occur (e.g., failed embryo transfer, surrogate disqualification, etc.). Fees are refunded or credited so you can try again without paying twice.
Foundation Program
This pay-as-you-go structure has a lower upfront investment. It might be a perfect fit if your first transfer is successful. However, added costs may apply if you need multiple attempts.
Independent Surrogacy Program
If you’ve already found your surrogate, we’ll handle everything else — screening, contracts, legal work, etc. — at a lower cost.
FAQ: Legal Aspects of Surrogacy in New Hampshire
Are insurance companies required to cover IVF in New Hampshire?
Yes. Under New Hampshire Revised Statutes, section 417-G, group health insurance plans must cover medically necessary fertility treatment, including donor gametes and cryopreservation.
Is an embryo considered a person in New Hampshire?
No. While Senate Bill 66 (2017) recognizes a fetus as a crime victim in specific cases, it does not grant legal personhood before birth.
Is traditional surrogacy legal in New Hampshire?
Yes. While legal, traditional surrogacy is not covered under New Hampshire Revised Statutes Annotated, section 168-B (2014). Pre-birth orders are not available in these cases. Most professionals do not recommend pursuing traditional surrogacy because of its legal and emotional complexity.
Do sperm and egg donors have parental rights?
No. New Hampshire Revised Statutes, section 168-B:2.III (2023) makes it clear that donors are not legal parents.
Is there an IVF Tax Credit?
No. There isn't a state-level IVF tax credit. However, qualified medical expenses may be deducted if they exceed 7.5% of your adjusted gross income.
Ready to Begin Your Surrogacy Journey?
Whether you're hoping to grow your family or help someone else do the same, surrogacy in New Hampshire is a legally supported, emotionally rewarding process.
With American Surrogacy guiding your journey, you can be informed, protected and empowered every step of the way.
Contact us today to get started.