Legal Framework and Considerations
- AI: Recognized by Statute
- NI: Not Recognized
- Sperm donor agreement: Unknown
New Hampshire’s legal framework for informal sperm donation, including at-home artificial insemination (AI), is governed by N.H. Rev. Stat. Ann. Chapter 168-B, originally enacted in 1990 via 1990 N.H. Laws ch. 87 and updated through 2023. Unlike states with physician mandates (e.g., New Jersey), New Hampshire’s statute emphasizes intent and consent over procedure, exempting donors from paternity without requiring medical supervision. This permissive approach, distinct from Uniform Parentage Act (UPA) frameworks, supports informal AI, though its court-centric parentage process adds complexity, with limited case law as of October 2025 providing clarity. No significant amendments have been made in 2025.
Core Provisions
| Provision | Statute | Key Implications |
|---|---|---|
| Definition of Assisted Reproduction | § 168-B:1(I) | Defines assisted reproduction broadly as methods other than sexual intercourse, including intrauterine insemination, gamete/embryo donation, IVF, and ICSI. Encompasses at-home AI without physician requirement. |
| Donor Status and Non-Parentage | § 168-B:3(III) | A donor is not a parent; may petition for non-parentage affirmation. Protects informal donors absent parental intent, regardless of procedure. |
| Parentage Order Petition | § 168-B:2(I) | Intended parents may petition court for order declaring them sole parents, applicable without gestational carrier. |
| Court Granting of Petition | § 168-B:2(IV) | Court grants petition within 30 days upon finding conception via assisted reproduction with consent and intent to parent. Sworn affidavits typically suffice. |
| General Paternity | § 168-B:10 | Biology may establish paternity if no petition filed; genetic testing admissible. Informal arrangements vulnerable without court order. |
| Legitimacy and Parent-Child Relationship | § 168-B:3(I) | Child conceived via assisted reproduction is legitimate child of intended parents upon court order or presumption. |
| Voluntary Acknowledgment | § 168-B:11 | Allows acknowledgment of parentage; can support non-bio parent rights. |
| Special Cases: Surrogacy | § 168-B:16 et seq. | Regulates surrogacy agreements with court validation; donor non-parentage applies separately. |
| Adoption | § 170-B:4 | Permits step-parent or partner adoption as alternative to parentage petition for securing rights. |
Key Court Cases (2024-2025)
No New Hampshire Supreme Court cases directly address informal sperm donation under RSA 168-B as of October 2025. Pre-1990 cases focused on biology, but post-1990 surrogacy cases like In re J.W. (159 N.H. 1, 2010) affirm intent-based parentage, suggesting donor exemptions hold if uncontested.
2025 outlook: Unchanged; courts likely to uphold intent-based exemptions, with petitions providing certainty.
Practical Steps & Risks
- Options for Arrangements: New Hampshire's flexible system supports at-home AI without medical oversight. Use a signed pre-conception agreement to document donor non-parental intent. Intended parents should petition court under § 168-B:2 for parentage order—file with affidavits; granted within 30 days. Donors may file non-parentage petition (§ 168-B:3) for affirmation.
- Health Screens: Not mandated, but obtain STI and genetic testing; essential in rural New Hampshire (pop. ~1.4 million).
- Non-Bio Parent Rights: Unmarried or same-sex couples secure via parentage petition (§ 168-B:2), acknowledgment (§ 168-B:11), or adoption (§ 170-B:4); promotes inclusivity post-Obergefell.
- Risks: Without court order, biology may trigger paternity claims (§ 168-B:10). State support actions possible on aid. Cross-state under UIFSA. Petitions recommended for certainty despite default protections.
- Consult: Contact the New Hampshire Bar Association's Lawyer Referral Service for family law experts: Find a Lawyer (603-229-0002).