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State-by-State Surrogacy Laws: Surrogacy in New Hampshire

Surrogacy in New Hampshire is a well-regulated, legally-sanctioned process. Because New Hampshire has surrogacy-specific laws in place with respect to gestational carriers, the rights of all parties involved are suitably protected. The Granite State is an excellent place to undergo a surrogacy journey.

RSA 168-B expressly permits gestational surrogacy with specific parameters gestational carriers and Intended Parents must each meet before proceeding.

Intended Parents must complete a full mental health consultation and be advised by a qualified legal professional. Intended Parents must also agree (via contractual obligation) to accept custody of the resulting child(ren) immediately upon birth and assume all financial support of said child(ren).

Gestational carriers must be 21 or older, have at least one child of their own, undergo physical and mental health consultations, and be represented by their own attorney during surrogacy contract negotiations. Gestational surrogates also agree to relinquish all parentage claims and related rights.

Although nearly all surrogacy journeys where commercial surrogacy is permitted involve a fully executed surrogacy contract prior to embryo transfer, New Hampshire’s laws necessitate it. If Intended Parents and gestational carriers meet all of New Hampshire’s requirements, a surrogacy agreement is considered enforceable by statute.

To make sure you have the fullest level of protection under the law and meet all of New Hampshire’s requirements, you will need to consult a licensed attorney. Feel free to use the surrogacy-knowledgeable attorney directory Surrogacy Place has compiled as a reference.

Although allowed, do note that traditional surrogacy journeys do not receive any of the protections included in RSA 168-B. This is important to keep in mind as you decide if a traditional surrogacy journey is right for you.

Can surrogates in New Hampshire be compensated?

Absolutely – commercial surrogacy is legal in the state. Whatever amount a surrogacy feels is appropriate she can charge. Surrogates should always be free to negotiate their own compensation requirements and what expenses they should be reimbursed for.

I’ve been interested in becoming a surrogate, but I’m reluctant to use a surrogacy agency and sign an exclusive contract. What can you tell me about independent surrogacy?

A surrogate (or Intended Parent) never needs to use a surrogacy agency. While there are a very small number of corporate IVF clinics that require it (some with direct financial ties to agencies), there are no laws requiring you to use a surrogacy agency to match or to facilitate your journey. There are quite a few notable reasons why an independent journey can be preferred by Intended Parents and surrogates.

Some of those reasons include the high agency fees (bad for IPs, but can also limit surrogate compensation), directly vetting a wide range of candidates to be sure you’ve found “the one”, and a journey that can feel less like a business transaction since it’s not completed through an intermediary.

In New Hampshire, are Intended Parents treated differently depending on gender/marital status/sexual orientation?  

The New Hampshire Legislature acknowledges Assisted Reproduction and has created laws addressing advances in how families are created. Pre-birth orders are generally easy to obtain and available to everyone (regardless of sexual orientation/gender identity/marital status) including Intended Parents who have no biological ties to their child(ren).

surrogacy without the expensive surrogacy fees. Signup with Surrogacy Place today.Including those mentioned in RSA 168-B, what are some of the typical requirements to become a gestational surrogate in New Hampshire?

  • You must complete a mental health consultation in advance of embryo transfer.
  • You must be represented by your own attorney during contract negotiations (Intended Parents will cover your legal costs).
  • You must agree to surrender any claims with respect to the legal parentage of any resulting child(ren).
  • Though compensation from surrogacy can be used to reach your personal financial goals, you cannot be in a position where you rely on income from surrogacy to meet your basic needs. You cannot be on government assistance including housing and food assistance.
  • Your overall health is excellent. Your BMI is in a healthy range and you do not have any diseases where pregnancy is a known contradiction.
  • You do not smoke and are not a recreational drugs user. You will not drink alcohol or consume harmful substances before and during pregnancy.
  • You are responsible and can take precise doses of medicine on a specific schedule as prescribed by the Intended Parent(s)’ Reproductive Endocrinologist and your own OB-GYN.
  • You are/will be between the ages of 21-42.
  • Your past pregnancies were considered healthy throughout and you have no noteworthy physical or mental health issues.
  • You are a mom and have at least one kid of your own.

The list above includes some of the surrogacy qualifications you’d be expected to meet. You can take Surrogacy Place’s surrogacy-requirements quiz to learn more.

As surrogacy in New Hampshire is a huge commitment, surrogates need to be knowledgeable about what a journey entails prior to jumping in.  Surrogates must be 100% sure they know what they’re getting into and how surrogacy will affect them personally and professionally. Your partner or spouse (if applicable) has to be supportive. Be honest with yourself and with your family in examining the pros and cons of surrogacy and whether it’s right for you. Timing is also key – make sure it’s a good time to start a surrogacy journey.

If/when you’re ready, you will start matching. If you are interested in going independent and not signing an exclusive contract with surrogacy agency, you can use Surrogacy Place’s self-matching platform. After you create your profile, you can start messaging Intended Parents immediately.

When you’ve picked your ideal match, you will go through the legal (contractual) and medical parts of your surrogacy journey. Afterwards, embryo transfer happens you will begin the anticipated parts of your surrogacy journey. If a pregnancy occurs and progresses, you will deliver a child(ren) to grateful Intended Parents!

For additional details, read our surrogacy guide discussing requirements.

Check out 8 steps to becoming a gestational surrogate.

Finding your surrogacy match in New Hampshire – the perfect surrogate or Intended Parent is out there!

Surrogacy Place’s ID-verification platform is trusted because you know who you’re talking to. Our site directly connects surrogates and Intended Parents based on what’s important to them in terms of matching criteria.  If you want to find people near you, you should try searching by location. Surrogacy Place’s site is always free for surrogates who can create a profile at any time. Intended Parents pay a small access fee to utilize the site’s full features including messaging. Get started by creating your profile.

When you’re ready to get started on your independent surrogacy journey in New Hampshire

Independent surrogacy is always an option for anyone who wants to be a surrogate or needs the services of one. You never need to sign an exclusive contract with a surrogacy agency.

Surrogacy agencies can never guarantee that surrogates are suitable or even medically qualified to carry. This hard truth is even written into their surrogacy agency contracts. The reputable ones may act honorably and ethically in being more selective based on past medical records, but there is a direct financial incentive for most agencies to match as many Intended Parents and surrogates as possible without regard for suitability. As a result, independent journeys are increasingly popular. In fact, many folks who do independent journeys were previously agency customers.

Intended Parents obviously prefer to save money on expensive agency matching programs and very high administrative fees, but surrogates can also benefit from Intended Parents saving money. Many are able to offer surrogates more money/better terms when they aren’t restricted by an agency’s price sheet.

Going independent allows you to meet an unlimited amount of candidates vs. a very small list (sometimes only 1-2 candidates!) an agency is willing to show. Waiting for a surrogate match as an Intended Parent can be emotionally exhausting. Many Intended Parents wait 18 months or longer to move up an agency’s waiting list. Independent surrogacy allows matching to start happening immediately.

At the end of the day, both surrogates and Intended Parents rely on qualified medical and legal professionals even when they are going through an agency. An agency is not a replacement for the expert guidance from a Reproductive Endocrinologist and a lawyer that represents your interests specifically. 

Given all of the reasons for independent journeys, it’s no surprise that many surrogates find surrogacy without an agency more satisfying. Read about some of the specific reasons

What can I expect to pay as an Intended Parent?

Read our cost summary guide for specifics and common expenses.  

Looking for info on surrogacy and regulations in other states? We now have a state by state comparison hub as a resource.

surrogacy without an agency - signup for Surrogacy Place's online surrogacy matching program now

Bridget Myers

Bridget Myers grew up in small town in Maryland. She started her career as a substitute teacher before meeting the love of her life and moving to the suburbs of Chicago. She has a passion for dogs and painting. Bridget got involved in Surrogacy Place after researching surrogacy for her best friend. Since joining the team at Surrogacy Place, she has developed a passion for advocating on behalf of Intended Parents and surrogates and doing her part for meaningful reform in the industry.