Surrogacy Laws in New Hampshire

Fertility problems can lead a couple to seek a surrogate to carry a child for them. There can be a countless number of complications when couples and surrogates enter into an agreement regarding the carrying, birthing, and giving up of a child to intended or biological parents. Because of the complications that can occur, there are very distinct laws about surrogacy in New Hampshire. Any party seeking to act as a surrogate or any couple seeking a surrogate needs to be aware of the laws and also needs to protect his or her rights before entering into an agreement. At Laws & Demers, PLLC, we understand the complexities, the emotions, and the unforeseen issues that can impact a surrogacy situation. Our firm can be your source for information, guidance, and protection during your surrogacy case.

Same Sex Couples

It is law in New Hampshire that the egg used in a surrogate pregnancy is that of the intended mother and not the egg of the surrogate or a donor. However, the sperm may be that of a donor. The intended parents of the child must also be legally married. For same sex couples, this poses a unique problem as same sex females can use an egg from one party and a sperm donor and still seek services of a surrogate. Same sex males who are married can’t use a donor egg, therefore they are still unable to employ a surrogate in New Hampshire, at this time. The surrogate has 72 hours after the time of birth to change her mind and keep the baby. The surrogate also has the legal right to make any decisions regarding abortion of the fetus, regardless of the thoughts or wishes of the intended and biological parents.


Surrogacy is regulated in the sense that a pre-conception order is drafted before the pregnancy and is intended to outline and protect the rights of all involved. It also ensures all parties are in agreement about very important issues as a means of minimizing complications or misunderstandings. An agreement is submitted to the courts and all parties undergo evaluations and counseling, along with home studies of all parties.

In an agreement with a surrogate, terms of payments and expenses may be outlined and negotiated also. Some of the provisions that may be negotiated may include:

  • Medical expenses
  • Lost wages of the surrogate
  • Insurance costs
  • Legal fees
  • Cost of home study or other expenses

Even though there are detailed laws and an agreement is drafted, there may still be points of contention and still the need to ensure legal protection. All parties need to know they can rely on comprehensive representation and feel secure in the process as there is much at stake. Our firm has the compassion and sensitivity needed to assist any parties involved in a surrogate situation. Laws & Demers, PLLC, will work with dedication to protect your rights and ensure your surrogate situation goes smoothly and in accordance with New Hampshire law. If there are difficulties or legal problems that arise, our firm will fight to get the resolution you need. The surrogate process is extremely personal for all involved. Having a trusted legal professional in your corner is vital and can help ensure there are no complications or surprises during what may be an emotional and life-changing journey for everyone.

For questions or to schedule a consultation please contact Laws & Demers, PLLC today at 603-880-2000.