Yes, surrogacy is legal in New Hampshire under specific statutory and case law frameworks, though it operates within a tightly regulated environment. The state permits gestational surrogacy agreements, provided they comply with RSA 168-B (the Parentage Act) and RSA 168-C (the Uniform Parentage Act), which govern parentage establishment. Recent 2026 amendments to RSA 168-B clarify enforceability of surrogacy contracts, requiring judicial pre-approval of agreements to ensure compliance with best interests of the child standards. The New Hampshire Judicial Branch’s Family Division oversees pre-birth parentage petitions, mandating background checks for intended parents and surrogates, as well as mandatory independent legal representation for all parties. Violations of these provisions may result in contract nullification or civil penalties.
Key Regulations for Surrogacy in New Hampshire
- Pre-Birth Parentage Orders Required: Intended parents must file a petition for a pre-birth parentage order under RSA 168-B:17, which the Family Division reviews for compliance with statutory safeguards, including genetic testing where applicable.
- Independent Legal Counsel Mandate: RSA 168-B:18 requires all parties—intended parents and surrogates—to retain separate attorneys, ensuring informed consent and preventing conflicts of interest in contract negotiations.
- Health and Insurance Protections: RSA 168-C:30 imposes strict health insurance requirements, obligating intended parents to maintain comprehensive coverage for the surrogate throughout pregnancy and post-delivery, with New Hampshire’s Insurance Department enforcing compliance.