New Hampshire Surrogacy Law (SB 353)

SB 353 updated New Hampshire’s surrogacy law by permitting gestational surrogacy arrangements for all intended parents, with no discrimination based upon marital status or sexual orientation.  The law specifically allows surrogacy using donated eggs, sperm and embryos.

The law ensures that there is appropriate and clear statutory language that establishes updated and consistent standards and procedural safeguards, while facilitating the use of assisted reproductive technologies.  It defines, confirms and protects the legal status and best interests of children born as a result of gestational carrier agreements.  SB 353 protects the rights of the intended parents and gestational carrier by ensuring that all parties in a gestational carrier agreement are legally protected and entering the agreement with the same rights, expectations and responsibilities.

The law also sets certain minimum requirements for gestational carrier agreements and recognizes that they are valid and enforceable legal contracts.

STATUS

Signed into law by Gov. Hassan and went into effect on July 21, 2014.

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