New Hampshire Senate Bill SB264

New Hampshire 2023 Regular Session

• Introduced: 1/25/23
• Refer: 1/25/23
• Refer: 3/8/23
• Refer: 3/16/23
• Refer: 3/30/23
• Engrossed: 4/7/23
• Refer: 4/7/23
• Report Pass: 5/10/23
• Enrolled: 6/13/23
• Chaptered: 6/21/23
• Passed: 6/21/23

Caption

Relative to parentage.

Impact

The transformation from 'Surrogacy' to 'Parentage' represents a considerable shift in how New Hampshire law approaches assisted reproductive technologies. The changes in definitions and legal clarity surrounding responsibilities and rights could lead to an increase in legal actions concerning parentage determinations, emphasizing the necessity for stakeholders to stay informed about their legal implications and rights. There's also a possibility for a rise in court petition volumes as parties seek legal affirmation of their parentage, leading to potential resource strain on the judicial system. Proponents argue these updates add rigor to addressing complex family situations, aiming for legal uniformity and clarity that could benefit all parties involved.

Summary

Senate Bill 264, titled 'An Act Relative to Parentage,' proposes significant changes to New Hampshire's legal framework surrounding gestational carriers and assisted reproduction. The bill amends existing legislation to rename the surrogacy chapter as the 'parentage' chapter. This rebranding is not merely cosmetic; it aims to clarify legal definitions and parameters within which parentage, particularly in the context of assisted reproductive technologies, will be understood and processed by the courts. The bill meticulously outlines the roles of gestational carriers, intended parents, and donors, marking a significant evolution in family law. In technical detail, the bill covers various aspects of the gestational carrier agreement, emphasizing the necessity for compliance with health and psychological evaluations before a carrier can be authorized for the process. It stipulates that if any party breaches the agreement after the carrier is impregnated, it does not relieve the carrier or intended parents of their obligations and rights. Specific definitions have been included to delineate the parameters of donations, artificial insemination, and the roles of each participant in the gestational arrangement. This explicitly addresses potential legal disputes over parentage and liability, making a substantial contribution to the clarity needed in this domain. Notably, SB264 introduces legal mechanisms allowing for parentage orders, which can be petitioned by parties involved in a gestational arrangement. This legal framework is designed to ensure that intended parents are recognized as solely responsible for the resulting child, alleviating concerns surrounding the role of gestational carriers and their spouses or partners. The bill also seeks to protect intended parents by establishing clear pathways for affirming their legal status, thus simplifying and streamlining the process compared to previous legislation. In terms of impact, the ongoing discussions surrounding SB264 indicate a split of opinions among stakeholders. Advocates for the bill, primarily from the legal and LGBTQIA+ communities, tout its potential to reduce ambiguity in parent-child relationships established through assisted reproduction. Nevertheless, certain groups express concerns regarding the implications for the gestational carriers and donors, particularly in relation to their rights and keenness to delineate parenthood accurately and protect the child's interests. The bill's changes, especially in defining liability and the parentage process, have raised a spectrum of ethical questions regarding consent and the extent of parental responsibilities post-birth, marking it as a contentious legal reform.