What Rights do Gestational Surrogates Have in New Hampshire?

In 2014, New Hampshire passed laws explicitly allowing people to grow their families through gestational surrogacy. New Hampshire’s laws are some of the most surrogacy-friendly in the country. They apply to all individuals and couples, regardless of marital status or sexual identity, as long as they meet the statutory requirements. Since New Hampshire instituted these laws, numerous surrogates have selflessly and compassionately helped countless people attain their dream of parenthood. If you are considering becoming a gestational carrier, here’s what you need to know.

Legal Requirements for Surrogacy

New Hampshire law requires that any person desiring to become a gestational surrogate must meet certain specific requirements. Prospective surrogates must be over 21 years old and have already given birth to at least one child. Surrogates must also complete a physical and mental health consultation to ensure they can safely carry a pregnancy and withstand the emotional demands of surrogacy. Once the prospective surrogate has successfully completed these exams, they must hire an independent lawyer to advise them throughout the process of drafting a gestational carrier contract.

The Gestational Carrier Contract

The gestational carrier contract is a legally-mandated agreement that establishes the rights and responsibilities of the intended parents and the gestational surrogate. By law, the contract must clearly and explicitly state:

• the surrogate’s intention and consent to undergo embryo transfer, become pregnant, carry and birth the child, and surrender parental rights to the intended parent

• the intended parent’s acceptance of parental rights and duties once the child is born

• the surrogate’s spouse’s consent to the surrogacy

• the terms of surrogate compensation

• the potential risks and responsibilities of each party

• the parties’ agreement on pregnancy termination

In most cases, intended parents work with their lawyer to create the first draft of the contract. The surrogate and their lawyer will review the proposed contract and propose changes to ensure that the surrogates’ rights and interests are well-represented in the document. This back-and-forth continues until the parties are in complete agreement. Once both parties sign the contract, it becomes fully enforceable by law. The surrogate can only begin the medical process of surrogacy after the contract is signed.

Surrogate’s Rights

The surrogate’s rights throughout the process are those outlined in the gestational carrier agreement. For this reason, it is crucial that the surrogate works with a New Hampshire surrogacy lawyer experienced in negotiating these contracts and who fully understands the needs and potential risks of a surrogate.

If you want to give the gift of parenthood by being a gestational carrier, you need an experienced New Hampshire surrogacy lawyer to proceed. The skilled attorneys at Tenn And Tenn, P.A. have successfully helped surrogates create families throughout the state: Manchester, Concord, Nashua, Bedford, Derry, and beyond. Call 1-888-511-1010 for your free consultation today, or reach out onlinefor a case evaluation.

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