New Hampshire surrogacy laws and planning route
Gestational Surrogacy is permitted in New Hampshire by statute, N.H.Rev.Stat. Ann.168-B (2014).... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
This state summary is educational planning context, not legal advice. Surrogacy laws, court practice, and parentage-order procedure can change — confirm your specific route with qualified reproductive counsel before acting.
Before acting on New Hampshire surrogacy law
Use this page to decide who needs to confirm the next step. It is screening guidance, not legal advice, medical clearance, or guaranteed approval.
Confirm the New Hampshire parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryConfirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsMap state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the New Hampshire route needs a backup jurisdiction.
Talk to our teamThe New Hampshire law, section by section
Category
Surrogacy-Friendly
Gestational Surrogacy
Fully permitted under New Hampshire Revised Statutes Annotated, section 168-B (2014).
Traditional Surrogacy
Not prohibited, but a post-birth adoption is required to establish both intended parental rights. New Hampshire has a residency requirement for adoption, so the adoption would need to occur in the Intended Parents' home state, if not New Hampshire.
Residency Requirement
There is no residency requirement, but if no one lives in New Hampshire, then the birth must be anticipated to occur in New Hampshire. Medical procedures occurring in New Hampshire are not enough for jurisdiction.
Pre-Birth Parentage Orders
Yes, both intended parents can be declared the legal parents in a pre-birth order. Applicable to married and unmarried heterosexual couples, same-sex couples, and single parents, regardless of genetic connection to the child.
Venue
County of the gestational carrier’s residence, intended parents’ residence, or the child’s birthplace.
Hearing Requirement
No, provided statutory requirements are met before embryo transfer.
Same-Sex Parents
New Hampshire birth certificates are Mother/Parent; Father/Parent regardless of the gender of the parents.
Birth Certificate Timing
New Hampshire law requires the birth certificate to be issued within 6 days of birth, but it is usually available earlier. New Hampshire will amend a birth certificate for an out-of-state adoption for a birth that occurred in NH.
Recognition of Out-of-State Orders
New Hampshire recognizes out-of-state orders. New Hampshire will amend a birth certificate for an out-of-state adoption for a birth that occurred in New Hampshire.
Overall
Clear legal pathways for all intended parents. There are some very specific statutory requirements for the surrogacy agreement.
Legal Resource
- Kathleen A. DeLisle, Esq. The Fertility Law Center P.C. https://www.fertilitylawcenter.com
The visible law summary is tied to the governed New Hampshire source row used by the state-law dataset and machine-readable feed. Treat the page as educational planning context and confirm case-specific questions with qualified reproductive counsel.
Official sourceWe coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
How escrow works in New Hampshire
In New Hampshire, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.
Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.
Disclaimer: Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
Stay confident in your chosen destination. See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
Surrogacy laws are complex and vary by state. Our team collaborates with experienced reproductive law attorneys across the country to ensure your journey remains legally sound and fully protected.
Become a SurrogatePlanning surrogacy in New Hampshire?
Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Please consult with a qualified reproductive law attorney for advice specific to your situation.
New Hampshire surrogacy laws and planning route
Gestational Surrogacy is permitted in New Hampshire by statute, N.H.Rev.Stat. Ann.168-B (2014).... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
- Legal Status
- No specific surrogacy legislation
- Pre-Birth Orders
- Available
- Compensated Surrogacy
- Permitted
- Residency Requirement
- Not Required
This is educational planning context, not legal advice. Laws and court practice can change — confirm your specific route with qualified reproductive counsel before acting.
Before acting on New Hampshire surrogacy law
Use this page to decide who needs to confirm the next step. It is screening guidance, not legal advice, medical clearance, or guaranteed approval.
Confirm the New Hampshire parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryConfirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsMap state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the New Hampshire route needs a backup jurisdiction.
Talk to our teamThe New Hampshire law, section by section
Category
Surrogacy-Friendly
Gestational Surrogacy
Fully permitted under New Hampshire Revised Statutes Annotated, section 168-B (2014).
Traditional Surrogacy
Not prohibited, but a post-birth adoption is required to establish both intended parental rights. New Hampshire has a residency requirement for adoption, so the adoption would need to occur in the Intended Parents' home state, if not New Hampshire.
Residency Requirement
There is no residency requirement, but if no one lives in New Hampshire, then the birth must be anticipated to occur in New Hampshire. Medical procedures occurring in New Hampshire are not enough for jurisdiction.
Pre-Birth Parentage Orders
Yes, both intended parents can be declared the legal parents in a pre-birth order. Applicable to married and unmarried heterosexual couples, same-sex couples, and single parents, regardless of genetic connection to the child.
Venue
County of the gestational carrier’s residence, intended parents’ residence, or the child’s birthplace.
Hearing Requirement
No, provided statutory requirements are met before embryo transfer.
Same-Sex Parents
New Hampshire birth certificates are Mother/Parent; Father/Parent regardless of the gender of the parents.
Birth Certificate Timing
New Hampshire law requires the birth certificate to be issued within 6 days of birth, but it is usually available earlier. New Hampshire will amend a birth certificate for an out-of-state adoption for a birth that occurred in NH.
Recognition of Out-of-State Orders
New Hampshire recognizes out-of-state orders. New Hampshire will amend a birth certificate for an out-of-state adoption for a birth that occurred in New Hampshire.
Overall
Clear legal pathways for all intended parents. There are some very specific statutory requirements for the surrogacy agreement.
Legal Resource
- Kathleen A. DeLisle, Esq. The Fertility Law Center P.C. https://www.fertilitylawcenter.com
The visible law summary is tied to the governed New Hampshire source used by the state-law dataset and machine-readable feed. Treat the page as educational planning context and confirm case-specific questions with qualified reproductive counsel.
Official source Kathleen A. DeLisle, EsqWe coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
How escrow works in New Hampshire
In New Hampshire, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.
Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.
Disclaimer: Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
Planning surrogacy in New Hampshire?
Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.