New Hampshire

PRE BIRTH OR POST BIRTH ORDER

Pre-birth

Process begins at week 14 of the pregnancy.  Once the case is filed, the issuance of the judgment can vary depending on the county in which the case is filed.


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


Acceptance of Out of state order

Yes; however, the Order must also be domesticated via local counsel.


Birth Certificates

Timing - Unknown.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.


statutes / case law

Gestational Surrogacy is permitted by statute,  N.H.Rev.Stat. Ann.168-B (2014).

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. N.H. RSA 168-B:2.III (2014) states "A donor is not a parent of a child conceived through assisted reproduction."

 
If the statute only refers to sperm donors, is there case law interpreting this statute to provide the same protection in the egg donor context? 

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence.

Do results vary by venue?  No.

Are motions to waive venue accepted?  Unknown.


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Yes.

Will courts igrant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? 
Yes.

Does the couple need to be married?  Yes, the couple must either be married or registered domestic partners.


of counsel

Catherine Tucker

New Hampshire Surrogacy Law

34 Staniels Road, Ste. 2

Loudon, NH 03307

(603) 290-5015

catherine@tuckerlegal.com

http://tuckerlegal.com/