Surrogacy in New Hampshire: The Complete 2026 Guide

New Hampshire rewrote its surrogacy chapter in 2014, and what it built is unusually procedural: how fast and how privately your order arrives is written into the statute.

Parentage is not a contest. Neither the gestational carrier nor her spouse or partner is a parent of a child conceived through a gestational carrier arrangement (RSA 168-B:5); the child "shall be the child solely of the intended parent or parents," and parental rights of physical custody "vest with the intended parent or parents immediately upon the birth" (§ 168-B:7).

A deadline, not a hope. The court "shall, within 30 days, grant the petition" on finding that the parties substantially complied with the chapter’s requirements pertaining to execution of the agreement (§ 168-B:12, I). Sworn affidavits demonstrating substantial compliance shall be sufficient, and a hearing is not required unless the court needs more.

Substantial compliance is the standard — it "is sufficient to allow for a determination of parentage" (§ 168-B:4). Even where it is absent, the court "may in its discretion" still issue the order if the parties intended a gestational carrier arrangement and the child's best interests would be met (§ 168-B:12, I).

Before, during or after the pregnancy. Any party may petition at any of those three points (§ 168-B:12, I), and the proceedings are closed to the public (§ 168-B:12, III).

No residency requirement. Nothing in § 168-B:9 or § 168-B:11 conditions eligibility on where anyone lives. What the statute does require is a New Hampshire connection for venue — § 168-B:12, I lists five.

Surrogacy in New Hampshire is governed by RSA chapter 168-B, §§ 168-B:1 through 168-B:22 — rewritten by 2014, 248:2, effective 21 July 2014, with § 168-B:22 added in 2015 and the latest source-note amendments 2023, 105:2–105:13, effective 19 August 2023.

⚠️ Check the date on anything you read about New Hampshire surrogacy. The pre-2014 chapter ran past § 168-B:22 and set out a different regime. Any source citing RSA 168-B:23 and beyond is quoting repealed law.

Who may take part

The carrier (§ 168-B:9), before any medical procedures to impregnate her, must be at least 21; have given birth to at least one child; have completed a physical medical evaluation relating to the anticipated pregnancy and a mental health consultation; and she, "and her spouse or partner, if any," must have had legal consultation with independent legal counsel about the agreement.

The intended parents (§ 168-B:8) must, before the same point, have completed a mental health consultation and legal consultation with independent legal counsel. The chapter sets no age requirement, and § 168-B:1, XIII defines an intended parent as a person "married or unmarried." ⚠️ That definition adds: "In the case of a married couple, any reference to an intended parent shall include both spouses for all purposes of this chapter" — a married person cannot be the sole intended parent here. Raise it with counsel.

A gestational carrier made "no genetic contribution" and is "neither an intended parent nor a donor" (§ 168-B:1, IX).

What the agreement must contain

§ 168-B:11 sets minimum requirements: in writing; executed before the commencement of any medical procedures to impregnate the carrier; and all parties represented by legal counsel, with the carrier's — and her spouse's or partner's — counsel "separate and independent from the legal counsel for the intended parents."

It must expressly provide for:

• (a) her written agreement to undergo embryo transfer and attempt to carry and give birth, relinquish all rights, obligations and duties as a parent, and surrender physical custody immediately upon birth;
• (b) the same written agreement from her spouse or partner, "if any, if such spouse or partner is a party to the agreement";
• (c) the intended parents' written agreement to accept sole rights, duties and physical custody at birth "regardless of number, gender, and/or physical or mental condition," and sole responsibility for support;
• (d) how "reasonable compensation, if any" is paid to her, "including … payment of the gestational carrier's reasonable medical, counseling, legal, and/or other expenses";
• (e) the carrier's and her spouse's or partner's acknowledgment that if she breaches the chapter or the agreement and a court determines the breach causes harm to the resulting child, she "may be held financially responsible for such harm, pursuant to RSA 168-B:18";
• (f) "the express written agreement of all parties as to how decisions regarding termination of the pregnancy shall be made."

(d) and (f) are drafting requirements: the statute makes the agreement answer those questions in writing before anyone signs, but does not set the answer. That is why contract review matters here.

§ 168-B:10: an agreement substantially conforming to § 168-B:11 "is a legal contract that is presumed to be valid and enforceable," and the parties may petition for an order affirming its status.

Parentage, and the 30-day order

§ 168-B:5: neither the carrier nor her spouse or partner is a parent of a child conceived through assisted reproduction and a gestational carrier arrangement. § 168-B:7: the child "shall be the child solely of the intended parent or parents," and parental rights of physical custody "vest with the intended parent or parents immediately upon the birth." § 168-B:4: "Substantial compliance with the requirements of this chapter is sufficient to allow for a determination of parentage."

§ 168-B:12:

• Any party may petition, "either before, during, or subsequent to the pregnancy."
• The court "shall, within 30 days, grant the petition" "upon a finding that the parties have substantially complied with the requirements of this chapter pertaining to the execution of a gestational carrier agreement."
• "Sworn affidavits demonstrating substantial compliance shall be sufficient … and a hearing shall not be required unless the court requires additional information which cannot reasonably be ascertained without one."
• Even without substantial compliance, the court "may in its discretion" issue the order on finding the parties intended a gestational carrier arrangement and that the child's best interests would be met.
• Orders "conclusively establish or affirm, where applicable, the parent-child relationship."
• II: on request, the order directs that the birth certificate name the intended parents only, and not the carrier or her spouse or partner.
• III: proceedings are "closed to the public," and the records are inspectable only on all parties' consent or a showing of good cause.

§ 168-B:22: exclusive jurisdiction lies with the probate division of the circuit court.

§ 168-B:19: once "the pregnancy is established," no action may commence to invalidate a complying agreement or to challenge "the rights of parentage established pursuant to this chapter for a gestational carrier arrangement."

If something goes wrong

• Both sides keep their remedies. "Except as expressly provided in the gestational carrier agreement," the intended parents (I) and the carrier (II) are each "entitled to all remedies available at law or equity" (§ 168-B:18) — the contract can change that.
• After she is pregnant, a breach does not undo it. An intended-parent breach after she is impregnated does not relieve them of "obligations imposed by this chapter," and she remains entitled to "all compensation and other moneys due" under the agreement (III–IV). Her breach after impregnation does not relieve her of her own "obligations imposed by this chapter," nor relieve the intended parents of their parental rights or responsibilities — "unless it is determined by genetic testing, that the child is the genetic child of the gestational carrier" (V–VI).
• VII: where a carrier's breach causes harm to the child, she "may be liable for payment of the resulting child's medical expenses not otherwise covered by the intended parent's or parents' insurance." VIII: nothing in the chapter abrogates the child's own right to pursue any authorized action.
• On noncompliance (§ 168-B:16), "except as otherwise provided in this chapter," the court determines the parties' respective rights and obligations — "unless the gestational carrier agreement provides otherwise" (§ 168-B:17).
• Marriage and divorce do not disturb it. "The marriage, partnership, separation, or divorce of any party … does not affect the validity or the terms of the gestational carrier agreement" (§ 168-B:13).
• Estate documents come before transfer. "Prior to any embryo transfer … the intended parent or parents shall make guardianship provisions" in their estate planning documents (§ 168-B:15, I). If they predecease the birth the agreement "shall remain in full force and effect": the child goes to the surviving intended parent if only one of two has died, and to the nominated or court-designated guardian if both are deceased (II).

Where the case belongs, and what the chapter does not answer

No residency requirement appears in § 168-B:9 or § 168-B:11, and the chapter imposes no citizenship condition.

The connection runs through venue instead. § 168-B:12, I allows the petition in the county where the carrier resides, where the intended parents reside, where the transfer of embryos takes place, where at least one required legal or mental health consultation took place, or where the child is born or is expected to be born. If none of those five is in New Hampshire, none is satisfied — settle venue with your attorney early. (§ 168-B:1, IV defines "Court" with a shorter list; how the two fit together is a question for counsel.)

No decision construing the chapter was located. A CourtListener appellate-opinion index search on 14 August 2026 found no New Hampshire opinion matching the query gestational carrier; three of the five hits on broader queries predate the 2014 rewrite, and the two later matters were not read. That limited search does not establish that no published decision construes the chapter. § 168-B:12, III also closes these proceedings to the public, so a quiet reporter record is expected, not evidence the chapter is untested.

General information, not legal advice. New Hampshire gestational carrier agreements and parentage orders should be handled by a licensed New Hampshire attorney experienced in assisted reproduction.

Who can be an intended parent. RSA 168-B:1, XIII defines one as a person "married or unmarried," and sets no age requirement. Before any procedure to impregnate the carrier you must complete a mental health consultation and legal consultation with independent counsel (§ 168-B:8).

No genetic link is required: the arrangement may use gametes or an embryo "which may or may not be genetically related to the intended parent or parents" (§ 168-B:1, XI).

Parentage. The child "shall be the child solely of the intended parent or parents," and "the parental rights of physical custody shall vest with the intended parent or parents immediately upon the birth of the child" (§ 168-B:7); neither the carrier nor her spouse or partner is a parent (§ 168-B:5).

Substantial compliance is the standard (§ 168-B:4); a conforming agreement is "presumed to be valid and enforceable" (§ 168-B:10).

The order, and the deadline. Petition the probate division of the circuit court before, during or after the pregnancy; on finding the parties substantially complied with the chapter’s execution requirements it "shall, within 30 days, grant the petition," affidavits suffice unless the court needs information it cannot reasonably get otherwise, and orders "conclusively establish or affirm, where applicable, the parent-child relationship." On request it directs that the birth certificate name you only; proceedings are closed to the public (§ 168-B:12).

⚠️ A pre-transfer obligation that is yours alone. "Prior to any embryo transfer … the intended parent or parents shall make guardianship provisions" in their estate planning documents (§ 168-B:15, I). If you predecease the birth the agreement "shall remain in full force and effect": the child goes to the surviving intended parent if only one of two has died, and to the nominated or court-designated guardian if both are deceased (II).

No residency requirement — but venue is real. § 168-B:12, I requires the petition to be brought where the carrier resides, where you reside, where the transfer takes place, where a required consultation took place, or where the child is born or expected to be born. Settle it with your attorney before matching.

A New Hampshire journey with Ivy typically runs $140,000 and up, all in. The largest line is the surrogate's compensation and allowances; the rest is agency, legal, medical, insurance, escrow and screening costs.

What the statute requires you to settle in writing. § 168-B:11, IV(d) requires the agreement to provide expressly how "reasonable compensation, if any" is paid to the carrier, "including … payment of the gestational carrier's reasonable medical, counseling, legal, and/or other expenses." That is a drafting requirement: the statute poses the question, your contract answers it.

⚠️ Price the medical side carefully. Because the allocation comes from the contract rather than a statutory formula, the insurance review matters — her policy and its exclusions, deductibles, complications, postpartum care, and who pays what. Do it before you sign, not after a transfer.

Legal fees on both sides. Counsel is required for all parties, the carrier's separate and independent (§ 168-B:11, III). Ivy pays for the surrogate's attorney as a matter of practice — RSA 168-B does not assign that cost.

Escrow. Not required by the chapter; Ivy uses it regardless, funded before medications start.

Estate planning. § 168-B:15, I requires guardianship provisions in your estate documents before any embryo transfer — budget that attorney time.

The court step. A § 168-B:12 petition goes to the probate division of the circuit court, and affidavits are normally enough without a hearing. Costs vary by firm, so ask at the contract stage.

Every figure moves with your protocol, insurance and transfers.

A New Hampshire journey follows the standard path. The statute changes the screening timing, one pre-transfer obligation on the intended parents, and how the order is obtained.

Screening — and it comes first. Before any medical procedures to impregnate the carrier, she must complete a physical medical evaluation relating to the anticipated pregnancy and a mental health consultation (§ 168-B:9); the intended parents must complete a mental health consultation of their own (§ 168-B:8).

Contract. Both sides consult independent counsel, the carrier's "separate and independent" from the intended parents' (§ 168-B:11, III). It is in writing and executed before the commencement of any medical procedures to impregnate her (I–II), and must cover the § 168-B:11, IV terms — including how compensation and her reasonable expenses are paid and how termination decisions are made. Compensation goes into escrow.

Estate documents, before transfer. "Prior to any embryo transfer … the intended parent or parents shall make guardianship provisions" in their estate planning documents (§ 168-B:15, I).

Transfer and pregnancy. Medications, transfer, monitoring, prenatal care.

The parentage order. Any party may petition the probate division of the circuit court (§ 168-B:22) "before, during, or subsequent to the pregnancy." On finding the parties substantially complied with the chapter’s execution requirements, the court "shall, within 30 days, grant the petition"; affidavits are sufficient unless it needs information it cannot reasonably get without a hearing; and on request the order directs that the birth certificate name the intended parents only (§ 168-B:12).

Afterward. Once the pregnancy is established, no action may commence to invalidate a complying agreement or to challenge the parentage rights established under the chapter for a gestational carrier arrangement (§ 168-B:19).

New Hampshire's chapter gives you a written framework and leaves much to the contract — which is why your own attorney matters.

Your own lawyer, independent of theirs. § 168-B:9, V requires that you — "and her spouse or partner, if any" — have legal consultation with independent legal counsel before any procedure to impregnate you, and § 168-B:11, III requires that counsel to be "separate and independent from the legal counsel for the intended parents." Ivy pays for your attorney as a matter of practice — the statute does not say who pays, so confirm it is in your contract.

Your agreement has to answer the hard questions in writing. § 168-B:11, IV requires express written terms on how "reasonable compensation, if any" is paid to you, including your reasonable medical, counseling and legal expenses (IV(d)), and on "how decisions regarding termination of the pregnancy shall be made" (IV(f)). The answers must be written down before you sign; the statute does not write them for you. Read both clauses with your attorney.

One term you will be asked to sign. § 168-B:11, IV(e) makes it required in every New Hampshire agreement that you — and your spouse or partner, if any — acknowledge that if you breach the chapter or the agreement and a court determines the breach causes harm to the resulting child, you "may be held financially responsible for such harm, pursuant to RSA 168-B:18." § 168-B:18, VII names one category: the child's medical expenses not covered by the intended parents' insurance. Ask your attorney before signing.

After you are pregnant, their breach does not cost you your money. An intended-parent breach after you are impregnated does not relieve them of "obligations imposed by this chapter," and you are "entitled to receive all compensation and other moneys due" under the agreement (§ 168-B:18, III–IV). Both sides otherwise keep "all remedies available at law or equity," except as your agreement provides (I–II).

Your privacy is in the statute. Proceedings under § 168-B:12 are "closed to the public" (§ 168-B:12, III).

Start your application — about ten minutes.

Two sets of requirements apply: what the statute demands, and what Ivy and the clinic ask on top.

What New Hampshire law requires (RSA 168-B:9) — all of it before any medical procedures to impregnate you:

• At least 21 years of age.
• Have given birth to at least one child.
• A completed physical medical evaluation relating to the anticipated pregnancy.
• A completed mental health consultation.
• You — "and her spouse or partner, if any" — have had legal consultation with independent legal counsel, "separate and independent" from the intended parents' (§ 168-B:11, III).

Ivy pays for your attorney as a matter of practice; RSA 168-B does not say who pays. A gestational carrier under the chapter made "no genetic contribution" (§ 168-B:1, IX) — the eggs are not yours.

What Ivy asks:

• Age 20–36 at application. You may apply at 20, but § 168-B:9, I requires you to be 21 before any procedure to impregnate you.
• At least one healthy full-term pregnancy, and currently raising that child.
• BMI of 32 or below.
• No more than 2 cesarean deliveries and no more than 5 deliveries total — from IVF clinic requirements, not New Hampshire law.
• No smoking, vaping or THC for 6+ months.
• Not on public assistance; a stable home, transportation and household support.
• U.S. citizen or lawful permanent resident.

Apply as early as three months postpartum after a vaginal delivery, longer after a cesarean.

There is no residency requirement — but where you live is one of five things that can put the case in a New Hampshire court (§ 168-B:12, I).

At Ivy, first-time base compensation in New Hampshire is $40,000, with $45,000–$50,000 for a second journey and $55,000–$60,000 for a third or more — proven surrogates can ask for more. With allowances and milestone payments, most packages land between $50,000 and $100,000+. See the full breakdown.

What the statute says about payment. RSA 168-B:1, III defines compensation as "payment of any reasonable, valuable consideration" to a gamete donor, an embryo donor or a gestational carrier, or on their behalf. § 168-B:11, IV(d) then requires your agreement to state expressly how "reasonable compensation, if any" is to be paid to you, "including … payment of the gestational carrier's reasonable medical, counseling, legal, and/or other expenses related to the gestational carrier arrangement."

⚠️ Read IV(d) for what it is: a drafting requirement. It makes the agreement answer those questions in writing before you sign; the answers come from the contract you negotiate, not the statute. Go through the payment and expense clauses with your own attorney.

If they breach after you are pregnant, your money does not disappear. Where the intended parents breach the chapter or the agreement after you are impregnated, they are not relieved of "obligations imposed by this chapter," and you "shall be entitled to receive all compensation and other moneys due" to you under the agreement (§ 168-B:18, III–IV).

Your compensation goes into independent escrow before medications start — Ivy's practice in every journey.

New Hampshire's fertility practices cluster in the south of the state, within reach of Manchester, Nashua and the Seacoast. These belong to two New England networks, and we confirmed each practice's own website on 15 August 2026:

• Boston IVF — The Bedford, NH Fertility Center and The Portsmouth, NH Fertility Center.
• Fertility Centers of New England — The Bedford Center and The Stratham Center.

Because both are multi-state networks, where monitoring happens and where a transfer happens are not always the same address. Ask any practice directly which parts of a gestational carrier cycle it performs on site.

These listings are informational, not endorsements, and not a complete list. Intended parents normally stay with the clinic holding their embryos — many Ivy journeys transfer embryos in from another state or from outside the US, and a New Hampshire surrogate then receives care locally. If you already have a clinic, keep it.

Statute: RSA chapter 168-B, Parentage, §§ 168-B:1 to 168-B:22 — § 168-B:4 (substantial compliance), § 168-B:5 (carrier not a parent), § 168-B:7 (intended parents), § 168-B:8 (their requirements), § 168-B:9 (carrier eligibility), § 168-B:10 (enforceability), § 168-B:11 (the agreement), § 168-B:12 (parentage orders), § 168-B:13 (marriage, divorce), § 168-B:15 (death; estate documents), § 168-B:17 (noncompliance), § 168-B:18 (remedies), § 168-B:19 (irrevocability), § 168-B:22 (jurisdiction).

Enacted: rewritten by 2014, 248:2, effective 21 July 2014; § 168-B:22 added by 2015, 17:3, effective 4 July 2015; latest amendments in the section source notes 2023, 105:2–105:13, effective 19 August 2023.

⚠️ Sources citing RSA 168-B:23 and beyond are quoting repealed law, and the pre-2014 chapter is still easy to find online.

Court: probate division of the circuit court (§ 168-B:22).

Case law: a CourtListener search of New Hampshire opinions on 14 August 2026 returned no decision using the phrase "gestational carrier." Three of the five hits on broader queries predate the 2014 rewrite — including In re Guardianship of Madelyn B., 166 N.H. 453, decided 19 days before it took effect. Never cite them as authority on the current chapter.

Getting started with Ivy: surrogate application · intended parents · compensation · contact us.