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Surrogacy Laws in New Hampshire

New Hampshire allows for surrogacy arrangement, but it isn’t clear that LGBT couples or individuals can enter into such arrangements.


New Hampshire law says that intended parents are people who are married to each other, and who enter a surrogacy agreement with a surrogate from which they are to become the parents. Furthermore, there are distinct requirements for eligibility that all surrogacy contracts have to meet, and they have to mention the intended father and the intended mother. The intended mother has to be physiologically unable to have a child, and this is determined by medical evaluation. The intended mother or the intended father has to offer a gamete to impregnate the surrogate. The intended mother or the surrogate mother has to provide the ovum. These elements indicate that surrogacy contracts are not available to LGBT couples or individuals; however, since same-sex couples have the ability to marry in the state, it seems likely that a court would look well upon a surrogacy contract concerning LGBT individuals.



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