New Hampshire Birth Certificates: FAQs

New Hampshire birth certificates surrogacy

Intended parents and surrogates both benefit from the birth certificate process set forth in New Hampshire’s surrogacy laws.  In New Hampshire, all intended parents are eligible to have their names listed on their child’s initial birth certificate issued by the Secretary of State’s Office.  Here are some answers to the most frequently asked questions about birth certificates in the context of surrogacy:

Q: Don’t many states allow for pre-birth orders that achieve the same results?

A: While many states afford this opportunity to married intended parents using their own eggs and sperm, only a handful of states offer a benefit as expansive as New Hampshire’s statute, which covers all intended parents, regardless of marital status or sexual orientation.

Q: What kind of birth certificate is issued for intended parents relying upon donor eggs? 

A: The initial birth certificate will be issued containing the names of both intended parents.  The surrogate’s name will not appear on the birth certificate, and the non-genetic parent does not have to adopt the child.

Q: For male same-sex couples using sperm from each partner, is a paternity test required?

A: No.  Gay couples using sperm from each partner do not need to undergo paternity testing in order to establish their legal parentage to the resulting child.  Both men can have their names placed upon the birth certificate from the outset.

Q: What happens with single intended fathers?

A: New Hampshire permits a single intended father to be named as the sole legal parent on the child’s initial birth certificate.

Q: What does the birth certificate look like for single intended mothers using donated eggs? 

A: New Hampshire permits a single intended mother using donor eggs and donor sperm to be named as the sole legal parent on the birth certificate that is initially issued.

A reminder:  There are several prerequisites that must be met to obtain the benefits of New Hampshire’s surrogacy law.  Please be sure to talk to a surrogacy attorney prior to starting the process.

surrogacy lawyer Catherine Tucker

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