168-B:1 Definitions. – In this chapter: I. " Artificial insemination " means the introduction of semen into a women’s vagina, cervical canal, or uterus through extracorporeal or noncoital means. II. " Assisted reproduction " means a method of causing pregnancy other than sexual intercourse. The term includes, but is not limited to: (a) Artificial […]
168-B:10 Enforceability of Gestational Carrier Agreement. – To best protect all parties entering into a gestational carrier arrangement, a gestational carrier agreement shall meet the minimum requirements under RSA 168-B:11. A gestational carrier agreement that conforms to these requirements is a legal contract that is presumed to be valid and enforceable and is legally […]
168-B:11 Requirements for a Gestational Carrier Agreement. – A gestational carrier agreement shall meet all of the following minimum requirements: I. It shall be in writing. II. It shall be executed prior to the commencement of any medical procedures to impregnate the gestational carrier. III. All parties shall be represented by legal counsel regarding […]
168-B:12 Parentage Orders. – I. Any of the parties to a gestational carrier agreement may petition the court for a parentage order declaring that the intended parent or parents are the sole parents of a child resulting from assisted reproduction and a gestational carrier arrangement, and that the gestational carrier and her spouse or […]
168-B:13 Marriage or Partnership of a Gestational Carrier During the Gestational Carrier Arrangement. – The marriage or partnership of a gestational carrier after she executes a gestational carrier agreement does not affect the validity or the terms of the gestational carrier agreement, and her spouse or partner shall not be a parent of the […]
168-B:14 Intestate and Testate Succession. – Subject to the provisions of RSA 168-B:15, a child shall be considered a child only of his or her parent or parents and the parent or parents shall be considered the parent or parents of the child, as determined for the purposes of: I. Intestate succession. II. Taking […]
168-B:15 Death of the Intended Parent or Parents. – I. Prior to any embryo transfer pursuant to the gestational carrier arrangement, the intended parent or parents shall make guardianship provisions for the prospective child by amending their existing estate planning documents, or by executing estate planning documents containing such provisions if they have no […]
168-B:16 Noncompliance. – Noncompliance by the gestational carrier, the gestational carrier’s spouse or partner, if any, or by the intended parent or parents occurs when that party breaches a provision of this chapter and/or a provision of the gestational carrier agreement. Source. 2014, 248:2, eff. July 21, 2014.
168-B:17 Effect of Noncompliance. – Except as otherwise provided in this chapter, in the event of a party’s noncompliance with the requirements of this chapter and/or with a provision of the gestational carrier agreement, the court shall determine the respective rights and obligations of the parties, unless the gestational carrier agreement provides otherwise. Source. […]
168-B:18 Remedies. – I. Except as expressly provided in the gestational carrier agreement, the intended parent or parents shall be entitled to all remedies available at law or equity. II. Except as expressly provided in the gestational carrier agreement, the gestational carrier shall be entitled to all remedies available at law or equity. III. […]
168-B:19 Irrevocability. – No action to invalidate a gestational carrier agreement meeting the requirements of this chapter or to challenge the rights of parentage established pursuant to this chapter for a gestational carrier arrangement shall commence once the pregnancy is established. Source. 2014, 248:2, eff. July 21, 2014.
168-B:2 Parent-Child Relationship. – I. A person is the parent of a child to whom she has given birth, except as otherwise provided in this chapter and if the pregnancy was established pursuant to a gestational carrier arrangement. II. A person is the parent of a child conceived via assisted reproduction if the person, […]
168-B:20 Rulemaking. – The department of health and human services shall adopt rules, pursuant to RSA 541-A, to carry out its duties under this chapter. Until such time as the department of health and human services adopts rules pursuant to this section, medical evaluations, mental health consultations, and other procedures required under this chapter […]
168-B:21 Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter, which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are […]
168-B:22 Jurisdiction. – The probate division of the circuit court shall have exclusive jurisdiction over all actions instituted pursuant to this chapter. Source. 2015, 17:3, eff. July 4, 2015.
168-B:3 Legitimacy. – If, under the provisions of this chapter, a parent-child relationship is created between 2 persons, the child shall be considered, for all purposes of law, the legitimate child of the parent. Source. 2014, 248:2, eff. July 21, 2014.
168-B:4 Effect of Noncompliance. – Noncompliance with the requirements of this chapter shall not affect the determination of parenthood under this chapter. Source. 2014, 248:2, eff. July 21, 2014.
168-B:5 Parental Status of a Gestational Carrier and Her Spouse or Partner, If Any. – Neither a gestational carrier nor her spouse or partner, if any, shall be a parent of a child conceived as a result of assisted reproduction and a gestational carrier arrangement. Source. 2014, 248:2, eff. July 21, 2014.
168-B:6 Parental Status of a Donor. – A donor shall not be a parent of a child conceived as a result of assisted reproduction and a gestational carrier arrangement. Source. 2014, 248:2, eff. July 21, 2014.
168-B:7 Parental Status of the Intended Parent. – A child conceived as a result of assisted reproduction and a gestational carrier arrangement shall be the child solely of the intended parent or parents. The parental rights of physical custody shall vest with the intended parent or parents immediately upon the birth of the child. […]
