Surrogacy-friendlyCompact state

Surrogacy Law in New Hampshire

Last updated August 24, 2026

Quick facts
  • Paid surrogacy: Legal
  • Parentage order: Pre-birth parentage order
  • Interstate compact state: Yes

New Hampshire has a clear, detailed surrogacy law as part of its broader parentage rules.

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

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 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.


Statute & case citations
  • N.H. Rev. Stat. Ann. §§ 168-B:9–168-B:13
  • N.H. Rev. Stat. Ann. § 168-B:11 (agreement requirements)
  • N.H. Rev. Stat. Ann. § 168-B:12 (parentage orders)
gestational carrierpre birth parentage orderintended parentgestational carrier agreementcompensation vs reimbursement
Insurance considerations for New Hampshire →Find an attorney in New Hampshire →

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