Modooboo

Legal Aspects of Surrogacy - New Hampshire

Gestational Surrogacy Law in New Hampshire

New Hampshire's surrogacy framework, established in 2014, provides a comprehensive and structured legal environment for surrogacy agreements. These regulations have positioned New Hampshire as one of the preferred locations in the United States for surrogacy-related family building. However, for personalized legal guidance and understanding of your unique surrogacy journey, consulting with a specialized attorney is crucial.

Legal Status of Gestational Surrogacy in New Hampshire

Gestational surrogacy is fully legal and regulated in New Hampshire under the 2014 legislative framework. This legal structure has led to a rise in surrogacy as a favored method for family formation in the state.

Traditional Surrogacy in New Hampshire

The status of traditional surrogacy in New Hampshire remains somewhat ambiguous, as the state has not explicitly legislated on its legality. However, due to the inherent complexities and risks, particularly since the surrogate is the biological mother of the child, traditional surrogacy is rarely pursued, and most professionals in the field recommend gestational surrogacy.

Compensated Surrogacy in New Hampshire

Compensated surrogacy arrangements are legally permitted in New Hampshire. Surrogates can be financially compensated, which typically includes a base payment and coverage for various associated costs like medical expenses, living expenses, insurance, legal fees, and other relevant expenditures.

Drafting a Surrogacy Contract in New Hampshire

To ensure a surrogacy contract is legally enforceable in New Hampshire, it must adhere to specific criteria and be crafted with independent legal counsel representing both surrogates and intended parents. The contract should comprehensively address:

  • Mutual Rights and Responsibilities: Clearly defined roles and obligations of both parties.

  • Compensation for the Surrogate: Detailed financial arrangements including base pay, medical expenses, and other allowances.

  • Agreements on Potential Pregnancy-Related Decisions: Provisions for scenarios such as selective reduction or termination.

  • Procedures for Establishing Parental Rights: Steps to secure pre-birth or post-birth parentage orders.

  • Other Pertinent Details: Tailored terms specific to the arrangement to ensure clarity and protection for all parties involved.

Establishing Legal Parentage in New Hampshire

New Hampshire law generally allows for the issuance of pre-birth parentage orders to all intended parents, streamlining the legal acknowledgment of parental rights post-birth, irrespective of the parents' marital status, sexual orientation, or genetic connection to the child.

Same-Sex Surrogacy in New Hampshire

Legal Status: Same-sex couples enjoy the same legal rights in surrogacy processes as heterosexual couples. They might require donor gametes for IVF procedures, but they are fully supported under state law.

Additional Laws Impacting Same-Sex Parenting: There are no specific additional laws in New Hampshire affecting same-sex parenting, making the surrogacy process equally accessible for all.

FAQs About Surrogacy in New Hampshire

Enforceability of Surrogacy Contracts: Surrogacy contracts in New Hampshire are legally enforceable, provided they fulfill the established state requirements. This ensures that all agreed terms are upheld in a court of law.

Laws for International Intended Parents: International intended parents are subject to the same surrogacy regulations as domestic ones. Nonetheless, they should consult with an immigration attorney for appropriate legal guidance to address any additional requirements for bringing their child home.

Need for Adoption Post-Birth: Adoption post-birth is generally not required in New Hampshire, thanks to the state's provision for pre-birth parentage orders. Exceptions may arise if surrogacy is carried out in another state with different legal stipulations.

Second-Parent and Stepparent Adoptions: Second-parent adoptions are available for unmarried individuals, often utilized in specific circumstances where one partner has obtained a parentage order. Stepparent adoptions, simpler and quicker, are available for married couples.

Use of Donor Gametes: The use of donor eggs, sperm, or embryos typically doesn't impact the ability of intended parents to secure a pre-birth order in New Hampshire. The state's legislation clarifies that a donor is not legally considered a parent of a child conceived through assisted reproduction, thus facilitating the process for intended parents using donor gametes.

Practical Considerations in New Hampshire Surrogacy

Navigating Traditional Surrogacy: Given the legal complexities and the risk of traditional surrogacy being treated akin to adoption, it's advisable to proceed with caution and seek comprehensive legal advice in such cases.

Financial Aspects: In compensated surrogacy agreements, it's important to clearly outline and agree upon all financial aspects, including any potential additional expenses, to avoid future disputes.

Legal Parentage: The straightforward approach of New Hampshire in granting pre-birth orders simplifies the process of legal parentage, making the state an attractive location for surrogacy arrangements.

Considerations for Same-Sex Couples: While the process is generally the same for same-sex couples, additional steps such as securing a donor may be necessary. It's essential for same-sex couples to understand all aspects of their surrogacy journey and seek specialized guidance.

Summary

The surrogacy laws in New Hampshire, established in 2014, offer a clear and supportive legal environment for gestational surrogacy, making the state a favorable location for intended parents. The laws ensure that surrogacy contracts are enforceable and provide a legal framework for both gestational and traditional surrogacy, although the latter is less common and treated more like an adoption. For intended parents, especially those from outside the United States or in same-sex relationships, New Hampshire's laws are accommodating, although additional legal consultation is recommended. Overall, New Hampshire stands out for its comprehensive and clear surrogacy laws, providing a solid foundation for those looking to embark on the surrogacy journey.

Guide: Everything you need to know to become a surrogate in New Hampshire

In this quick guide, we will cover everything you need to know about becoming a surrogate in your state, including the requirements, compensation and benefits, legal aspects, and how we can assist you in starting your journey seamlessly.

How We're Different:

Choosing Modooboo means partnering with a team that values trust, compassion, and excellence. Our extensive experience, combined with a deep understanding of the emotional and physical aspects of surrogacy, makes us a trusted ally in your journey to parenthood or in your decision to help others become parents.

Empowered by Experience

Modooboo stands apart through the personal journeys of our team members. Our collective experience not only enriches our support system but also informs our development of comprehensive programs tailored to meet the varied needs of surrogate candidates.

Top-Tier Surrogate Benefits

Surrogates choose Modooboo as their guiding agency because we've designed our program with their needs at the forefront. Experience unparalleled generosity with our package offering up to $120,000 in compensation, ensuring you're among the highest-earning surrogates in the U.S. we ensure our surrogates feel valued and respected throughout their journey.

Personal Experience, Professional Guidance

We are more than an agency; we are a community of individuals who have personally embarked on the surrogacy journey. This personal touch, combined with our professional acumen, allows us to offer empathetic, informed guidance. We understand the emotional nuances of surrogacy from both the surrogate's and the intended parents' perspectives, enabling us to foster a supportive, understanding environment for everyone involved.

Get Started with Modooboo

As a surrogate with Modooboo, you can qualify for one of the industry's highest compensations, with surrogates earning up to $120K.

Frequently Asked Questions (FAQ)

  • The journey to become a surrogate is undertaken with thorough guidance and support from our experienced team. This rewarding path begins with meeting a set of criteria essential for ensuring a healthy pregnancy and childbirth on behalf of another individual or couple. Our process is meticulous, ensuring that all potential surrogates are well-prepared for this commitment.

  • To be considered for surrogacy, candidates must:

    Be under 38 years old

    Hold U.S. citizenship or permanent residency

    Reside in states where surrogacy is legally permitted

    Be in good physical and mental health

    Have successfully given birth to and are raising at least one child

  • Becoming a surrogate involves a comprehensive process, including:

    Initial Application: Your journey starts with our online application. Following this, our coordinator will discuss the process, address any queries, and request necessary forms for background and medical checks.

    Profile Questionnaire: You'll provide detailed information about yourself, forming the basis of your confidential profile for intended parents.

    Medical Review: We'll review your obstetric records to confirm your medical suitability for surrogacy.

    Consultations: Our team will guide you through the surrogacy process and address any concerns.

    Medical and Psychological Screenings: This includes health evaluations and discussions to ensure your readiness.

    Home Assessment: A social worker will ensure your living environment is conducive to a healthy pregnancy.

    Matching Process: We'll match you with intended parents that share your surrogacy goals.

    Legal Contracting: Once matched, a legal contract is formed with the intended parents.

  • Surrogates receive monthly payments starting after pregnancy confirmation via ultrasound. The total compensation package is comprehensive, reflecting individual journeys and specifics such as multiple pregnancies or additional embryo transfers. Our surrogates' compensation is highly competitive, with detailed breakdowns available on our benefits page.

  • Experienced surrogates receive higher compensation. Returning surrogates are awarded additional payment, reflecting their invaluable experience and commitment to helping families grow. For detailed figures and benefits, visit our pay and benefits page.

  • The possibility of multiple surrogacies depends on your health and delivery history. We have guidelines on the acceptable number of vaginal deliveries and C-sections to ensure your safety. If you're considering surrogacy again, we're here to discuss your eligibility.

  • We collaborate with surrogates across states where surrogacy is legal, providing comprehensive support throughout the journey. We accommodate surrogates from across the country, covering all associated travel and medical expenses.

  • Choosing our program connects you with top-tier fertility clinics and a network of support. We distinguish ourselves through competitive compensation from the start, coverage of all related expenses, access to exceptional medical care, and unwavering support throughout the surrogacy experience.

  • If you're drawn to the surrogacy journey, please apply through our online platform. For additional insights, our FAQ section and surrogate stories offer perspectives on the surrogacy experience. For any further inquiries, our dedicated team is ready to assist you.

Join Our Community

At Modooboo Surrogacy, we believe in creating spaces where our community can flourish - filled with resources, stories, and connections. Our journey together doesn’t end here; it spans across various platforms where you can dive deeper into the world of surrogacy, find support, and celebrate the magic of creating families. Join us beyond our website to explore more