New Hampshire regulates surrogacy through specific legislation: RSA 168-B. This statute creates a clear framework for intended parents and surrogates, but it creates strict rules for eligibility and timing.
Unlike states where you can fix paperwork errors later, New Hampshire law requires strict adherence to procedure. If you miss a step—such as signing the agreement after medical procedures have started—you could lose the legal protections the state offers.
Working with a trusted agency that is up to date and knowledgeable of all the state laws is crucial. Whether you are an intended parent or hopeful surrogate, American Surrogacy is here to help you build a surrogacy contract that protects and supports all parties involved.
What Should Be Included in a Surrogacy Contract?
In New Hampshire, the contract activates the state’s legal protections. Under RSA 168-B, it must be a written agreement executed by all parties, including the surrogate’s spouse if she is married.
A robust surrogacy legal agreement in New Hampshire generally covers:
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Financial terms: The contract outlines "reasonable compensation" for the surrogate, which is explicitly permitted under state law. This includes base pay, monthly allowances, and reimbursements for medical and travel expenses.
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Parental intent: It must clearly state that the intended parents are the sole legal parents and that the surrogate intends to surrender custody immediately upon birth.
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Eligibility confirmation: The contract confirms that the surrogate meets New Hampshire’s statutory requirements, such as being at least 21 years old and having previously given birth to a live child.
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Behavioral expectations: Agreements regarding lifestyle choices, such as diet, travel, and high-risk activities, to ensure the health of the pregnancy.
Working with an agency confirms that these specific eligibility and procedural markers are met, aligning the contract with New Hampshire surrogacy laws.
Legal Clearance: The Final Step Before Transfer
New Hampshire law explicitly requires that the surrogacy agreement be executed prior to any medical procedures to impregnate the gestational carrier.
"Legal clearance" confirms this timeline has been respected. The process follows these steps:
Step 1. Drafting: The intended parents' attorney drafts the contract to comply with RSA 168-B.
Step 2. Independent representation: The surrogate (and her spouse) must be represented by independent legal counsel. This is a statutory requirement.
Step 3. Negotiation: Attorneys collaborate to finalize terms.
Step 4. Execution: The contract is signed and notarized.
Step 5. Clinic notification: A legal clearance letter is sent to the fertility clinic. Only then can the embryo transfer schedule be finalized.
If you attempt to sign the contract after the transfer has occurred, you may fall outside the protection of New Hampshire’s surrogacy statutes.
Can Surrogacy Contracts be Enforced in New Hampshire?
New Hampshire laws explicitly state that gestational surrogacy contracts are valid and enforceable.
Because of this statutory backing, courts routinely grant pre-birth orders. This order directs the hospital and the Office of Vital Records to name the intended parents on the birth certificate immediately.
Uniquely, New Hampshire offers an expedited process. If your contract meets all statutory requirements under RSA 168-B, the court can issue the parentage order without requiring a hearing, often within 30 days of filing. This applies to all intended parents, regardless of marital status, sexual orientation, or genetic connection to the child.
What Happens if a Surrogacy Contract Is Breached?
Because these contracts are enforceable by law, there are clear legal pathways if a breach occurs.
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Financial disputes: If intended parents fail to pay agreed-upon expenses, the surrogate can seek to recover those fees through the court.
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Parental rights: If a dispute arises over custody (which is rare in gestational surrogacy), the court will look to the intent established in the valid contract to uphold the intended parents' rights.
Most potential breaches are minor logistical issues that are resolved quickly through agency mediation.
Fair Surrogacy Compensation and Payment Structure
New Hampshire law allows for "reasonable compensation," giving intended parents and surrogates the freedom to agree on a fair financial package.
Your contract protects these funds using a third-party escrow account. This ensures that the money is secure and available before the pregnancy begins.
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Base compensation: This fee is paid in monthly installments, typically starting after the confirmation of a fetal heartbeat.
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Monthly allowances: A set stipend is provided to cover miscellaneous costs like vitamins, maternity clothing, and travel to appointments.
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Contingency fees: The contract will pre-determine amounts for unforeseen events, such as a C-section delivery or carrying multiples.
Medical Decisions and Control During Pregnancy
The contract establishes the intended parents' role in directing the child's medical care while respecting the surrogate's bodily autonomy.
The agreement typically grants intended parents the right to choose the IVF clinic and treating physicians. It also ensures they have access to medical records and can attend appointments.
No contract can force a woman to undergo a medical procedure—such as a C-section or fetal reduction—against her will. Instead, the contract may outline financial consequences if the surrogate acts against the agreed-upon medical plan. This is why we prioritize matching you with someone who shares your medical ethics.
Termination and Selective Reduction Clauses
New Hampshire law generally bans abortion after 24 weeks, which makes the timing of these decisions critical.
Your contract will explicitly state the parties' agreements regarding termination and selective reduction. It outlines the specific medical circumstances under which the intended parents would request such a procedure. While the surrogate retains the ultimate right to choose, having a clear, written understanding helps prevent conflicts during the pregnancy.
Lifestyle Clauses
Lifestyle clauses help define what a healthy pregnancy looks like day-to-day.
In New Hampshire contracts, these provisions often include:
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Travel restrictions: Limiting travel during the third trimester ensures the surrogate is close to her delivery hospital.
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Substance use: Strict prohibitions on alcohol, nicotine, and non-prescribed drugs.
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Diet and activity: Agreements to follow the medical advice of the obstetrician.
Delivery Plans and Post-Birth Expectations
The contract ensures that the hospital experience is a celebration.
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Birth plan: The agreement clarifies who will be in the delivery room—typically the intended parents and the surrogate’s support person.
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Custody: It confirms that the intended parents will take immediate physical custody of the baby and make all medical decisions for the child from the moment of birth.
Insurance Requirements for Surrogacy Journeys
Medical costs can be significant, and your contract will require verified insurance coverage for the pregnancy. New Hampshire has specific laws regarding infertility coverage that may impact the process.
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Reviewing coverage: We help determine if the surrogate’s personal health insurance covers a surrogate pregnancy or if state mandates apply.
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Purchasing policies: If her policy has a "surrogacy exclusion," intended parents are contractually obligated to purchase a standalone surrogacy insurance plan.
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Life insurance: It is standard for intended parents to fund a life insurance policy for the surrogate to protect her family.
Agency vs. Independent Surrogacy
Because New Hampshire is surrogacy-friendly, some may try an independent arrangement. However, the strict procedural requirements of RSA 168-B create risks for the inexperienced.
If you fail to execute the contract before the embryo transfer, or if you miss an eligibility requirement (like the surrogate’s age or prior birth history), you may find yourself legally unprotected.
An agency protects you by:
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Verifying eligibility: We ensure all parties meet the specific statutory requirements of New Hampshire law.
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Managing timelines: We coordinate with attorneys to ensure legal clearance happens before medical procedures begin.
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Providing support: We handle the awkward conversations about money and expectations.
Ensure Your New Hampshire Surrogacy Contract Covers Every Detail
Surrogacy in New Hampshire offers legal security, but only if you follow the rules. A professionally managed contract unlocks the protections of RSA 168-B.
You don't have to navigate these statutes alone. Get free surrogacy information today to speak with a specialist who can help you build a secure path to parenthood.