New Hampshire - Surrogacy contracts can be enforced in court. State law does not specify whether genetic surrogacy contracts are enforceable.
Surrogates are entitled to request compensation in excess of the reimbursement of expenses incurred.
All intended parents may enter into surrogacy agreements regardless of their marital status.
State law of New Hampshire defines some of the rights of gestational surrogates:
- A surrogate must be represented by legal counsel, but the intended parents are not required to pay for it.
- If the surrogate breaches the contract or legal requirements of the surrogacy and it results in a harm done to the child, she may be liable for the child’s medical bills not covered by insurance.
- The contract must address and define how decisions about termination or abortion should be made. However, the law does not state whether the surrogate has the right to make this choice.
Both residents and non-residents may enter into surrogacy agreements provided the child is anticipated to be born in the state.