New Hampshire has a detailed gestational-carrier statute that presumes a substantially compliant agreement valid. It allows compensation, includes intended parents without a marriage or genetic-link requirement, and provides an expedited parentage order before, during, or after pregnancy.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
RSA 168-B:10 and 168-B:11 govern a written agreement completed before medical procedures to impregnate the carrier, with separate independent counsel for the carrier side. A carrier's spouse or partner must receive independent legal consultation, and signs the agreement if a party; the agreement may provide compensation and expenses while preserving the carrier's authority over health and pregnancy decisions.
The carrier must be at least 21, have previously given birth, complete medical and mental-health evaluations, and have independent counsel. She must not contribute the egg in a gestational-carrier arrangement, and her spouse or partner must participate as the statute requires.
RSA 168-B:12 permits a petition before, during, or after pregnancy. When the agreement substantially complies, the court must issue the requested parentage order within 30 days, identifying the intended parents and directing the birth record.
Confirm the residence, treatment, consultation, or birth fact that places the case within New Hampshire's statutory court process.
Complete medical and mental-health evaluations and independent legal reviews, then execute the agreement before treatment and transfer.
The agreement may cover compensation and expenses but must preserve the carrier's medical decision-making and address insurance and uncovered care.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Engage separate New Hampshire counsel before treatment to confirm RSA 168-B eligibility and nexus, complete the agreement on time, and prepare the expedited § 168-B:12 parentage filing.
The carrier must be at least 21, have previously given birth, complete medical and mental-health evaluations, and have independent counsel. She must not contribute the egg in a gestational-carrier arrangement, and her spouse or partner must participate as the statute requires.
Complete medical, psychological, insurance, compensation or expense, and independent legal review before medication or embryo transfer. RSA 168-B:10 and 168-B:11 govern a written agreement completed before medical procedures to impregnate the carrier, with separate independent counsel for the carrier side. A carrier's spouse or partner must receive independent legal consultation, and signs the agreement if a party; the agreement may provide compensation and expenses while preserving the carrier's authority over health and pregnancy decisions.
RSA 168-B:12 permits a petition before, during, or after pregnancy. When the agreement substantially complies, the court must issue the requested parentage order within 30 days, identifying the intended parents and directing the birth record.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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