What the statute addresses
New Hampshire law provides a detailed framework for gestational-surrogacy agreements, including eligibility, agreement formalities and parentage procedures when statutory conditions are met.
Compensation and expenses
The framework permits compensated arrangements subject to the statute and the agreement. Counsel should review how compensation, reimbursements, insurance and payment administration are documented.
Parentage procedure
The statute provides a route for establishing intended-parent parentage in qualifying arrangements. Timing and court procedure should be confirmed for the actual facts rather than assumed from a generic statement about pre-birth orders.
Before treatment begins
- Confirm the agreement satisfies statutory timing and content requirements.
- Confirm the parties' legal representation requirements.
- Review insurance, expenses and compensation terms.
- Confirm jurisdiction and the planned parentage filing.
- Protect the surrogate's medical decision-making rights in the agreement and process.