New Hampshire has a clear, detailed surrogacy law as part of its broader parentage rules.
Is surrogacy legal in New Hampshire?
Yes. New Hampshire allows under a dedicated law, and it's written to include married, unmarried, and single regardless of gender or sexual orientation.
Can a surrogate be paid?
Yes. New Hampshire's law specifically allows the surrogate to be paid reasonable , not just reimbursed for expenses.
A few requirements come before that:
- The surrogate must be at least 21 and have already given birth to a child of her own
- The surrogate and intended parents each have their own independent lawyer
- Everyone completes a mental health consultation before signing
- The is finalized before any medical procedures begin
How do intended parents become the legal parents?
New Hampshire allows a . Either party can file the petition before the baby is born, and courts typically issue the order within about a month — often without needing a hearing. Once it's granted, the intended parents are the legal parents from birth, without an adoption process.
A few practical things to know
- Who's covered: married, unmarried, single, and LGBTQ+ intended parents are all included under New Hampshire's law.
- Surrogate eligibility: she must be at least 21 and have given birth before.
- Timing: the agreement must be signed before any medical procedures start.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the New Hampshire insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Every situation is a little different, and small details can change what applies to you.
Before signing any surrogacy agreement, talk to a lawyer who specializes in reproductive law in New Hampshire. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.