New Hampshire permits gestational surrogacy under the statute N.H. Rev. Stat. Ann. 168-B (2014), which provides a framework for Intended Parent(s) to be named the legal parents of their child, and also provides a process and protection for both the Intended Parent(s) and the surrogate.
Can a parentage order be obtained for the following?
Traditional surrogacy agreements may take place in New Hampshire. However, pre-birth orders are not available; Intended Parent(s) must establish parentage via adoption. Moreover, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.
– Both Intended Parent(s) can be named on the parentage order
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Intended Parent(s) may be listed as Parent-Parent.
As long as all the statues of N.H. Rev. Stat. Ann. 168-B (2014) are met, the Intended Parents’ names go directly on the birth certificate.
According to New Hampshire N.H. RSA 168-B:2.III (2014), “a donor is not a parent of a child conceived through assisted reproduction.” This applies equally to sperm, egg, and embryo donors.
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
Surrogacy contracts in New Hampshire are recognized and enforced by the state as long as the New Hampshire statutory requirements are met.
Independent counsel is required for all parties involved in a surrogacy agreement.
International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about the facts of their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
As long as a nonresident meets the bases for jurisdiction, there are no residency requirements.
Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.
Kathleen A. DeLisle
Nichols, DeLisle & Lightholder, P.C.
14 Main Street,
Southborough, MA 01772
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019