The Cove state guide
Statutory frameworkNew Hampshire expressly recognizes gestational surrogacy under RSA 168-B. Agreements that substantially meet the statute's requirements are presumed valid and enforceable.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
New Hampshire expressly defines an intended parent as a married or unmarried person and permits donor gametes or embryos. A single parent can therefore use the gestational-carrier framework without a genetic connection. Independent legal consultation, mental-health consultation, the written agreement, and a valid New Hampshire filing venue are still required.
Sources 1Unmarried partners can both be intended parents under RSA 168-B. The statute does not make marriage or a genetic connection a condition of the gestational arrangement. Both should be identified in the agreement and parentage petition, complete their consultations, and make the required guardianship provisions before embryo transfer.
Sources 1The statutory definition expressly includes intended fathers and allows donor gametes or embryos, so two fathers can use the same parentage route whether married or unmarried. If married, both spouses count as intended parents. Complete the agreement and guardianship planning before transfer, then obtain an order naming both fathers.
Sources 1New Hampshire expressly includes intended mothers, whether married or unmarried, and does not require an intended-parent genetic connection. Two mothers using a separate carrier can be recognized through RSA 168-B. If one mother will carry the pregnancy herself, the statute’s assisted-reproduction parentage provisions, rather than its carrier-agreement provisions, need review.
Sources 1New Hampshire permits parentage filings based on several local connections, including carrier residence, embryo transfer, a required consultation, or an expected birth there. RSA 168-B does not impose an intended-parent citizenship requirement. Parents abroad must still establish proper venue and arrange separate immigration, passport, and home-country parentage advice.
Sources 1How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
The definition of intended parent expressly covers married and unmarried people, including intended mothers and fathers. For a married couple, references to an intended parent include both spouses. Unmarried partners can also participate together, but both people’s intended-parent roles should be explicit in the agreement and parentage petition.
The statutory definition of a gestational arrangement allows intended-parent or donor gametes and embryos, whether or not genetically related to an intended parent. The carrier makes no genetic contribution. Document donor status and everyone’s intention to parent, rather than using a biological relationship as a substitute for the required agreement.
A parentage petition may be filed where a carrier or intended parent resides, an embryo transfer occurs, a required legal or mental-health consultation occurs, or the child is born or expected to be born. Counsel should confirm the applicable New Hampshire venue and jurisdiction for the actual arrangement.
A written agreement must be completed before medical procedures to establish pregnancy. Required evaluations, independent counsel and clear terms about parentage and financial responsibilities are part of the process.
RSA 168-B:12 allows a parentage petition before, during, or after pregnancy. An order can declare the intended parents the sole parents and direct the birth certificate; their custody rights arise at birth. Before embryo transfer, intended parents must also make guardianship provisions for the prospective child.
The agreement may provide reasonable compensation and related expenses. It must explain how any agreed payments will be made.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
