Surrogacy has been a legal option for the creation of families in New Hampshire for some time. However, the laws surrounding surrogacy have been restrictive and led to New Hampshire having a reputation as a not very “surrogacy friendly” state. Recent changes proposed to the surrogacy laws may change that reputation and make surrogacy a much smoother and obtainable option for those who want but cannot naturally have their own children.
The first major change in surrogacy laws make the process available to many more people. Before, you could only legally pursue surrogacy if the intended parents were married. Now, that distinction doesn’t matter. Single people can now pursue using a surrogate. It also no longer matters if the intended parents are heterosexual or homosexual. Essentially, anyone, married, unmarried, single, gay, or straight, can use the services of a surrogate to have a child.
In the past, it was mandated by law that the egg used in the pregnancy needed to be from the intended mother. This meant male homosexual couples could not pursue surrogacy in any capacity, although female homosexual couples obviously could. A sperm donor could be used however. Now, an egg donor, sperm donor, or even donated embryo can be used in a surrogate pregnancy in New Hampshire.
The new surrogacy laws also allow for the intended parents to be listed on the initial birth certificate right away, rather than waiting to have a birth certificate changed. Reasonable compensation for a surrogates services are still legal. The details are to be outlined in a contract between the surrogate and the couple or parent.
The new laws only apply to gestational surrogates and not the situation that is legally defined as traditional surrogates. A traditional surrogacy is when the surrogate’s egg is used in the pregnancy. A gestational surrogacy is when the egg belongs to the intended mother or a donor.
Surrogacy can be a complicated and yet highly rewarding experience for all involved. The legal complications that can arise and the individuality of each situation warrant help from an experienced and skilled attorney. It is vital that the surrogacy attorney involved understands the changes to surrogacy laws in New Hampshire. With a comprehensive legal contract in place and a trusted source of advice and information, the journey of using or being a surrogate in New Hampshire can be a successful and a legally sound venture.