{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-nh","type":"legislation","level":"state","jurisdiction":"New Hampshire","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Legal to 24 weeks LMP","summary":"Abortion is legal in New Hampshire up to 24 weeks gestational age measured from last menstrual period, with exceptions thereafter for life-preserving emergencies, serious risk of substantial bodily impairment, and fatal fetal anomalies.","machine_readable_summary":{"legal_classification":"gestational_limit","gestational_limit_weeks":24,"limit_measured_from":"last_menstrual_period","abortion_currently_available":"yes","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":false,"mailing_pills_banned":false,"method_bans":["d_and_x"],"telehealth_prescribing_allowed":true,"physician_only_law":false,"provider_max_penalty":"Class B felony, 1-7 years imprisonment, $10,000-$100,000 fine","helpers_criminally_exposed":false,"travel_assistance_criminalized":"unclear","civil_bounty_law":false,"shield_state":false,"waiting_period_hours":null,"state_scripted_counseling":false,"ultrasound_required":"offered","in_person_visits_required":0,"parental_involvement":"notification_only","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":false,"state_funding_posture":"neutral","rape_incest_exception":false,"exceptions_present":["life","physical_health","fatal_fetal_anomaly","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/nh.html","markdown":"https://www.abhortion.org/legislation/nh.md","summary_json":"https://www.abhortion.org/legislation/nh.json","full_json":"https://www.abhortion.org/legislation/nh-full.json","verbose_json":"https://www.abhortion.org/legislation/nh-verbose.json"},"overview":{"title":"Legal to 24 weeks LMP","summary":"Abortion is legal in New Hampshire up to 24 weeks gestational age measured from last menstrual period, with exceptions thereafter for life-preserving emergencies, serious risk of substantial bodily impairment, and fatal fetal anomalies.","description":"Abortion is legal in New Hampshire through 23 weeks and 6 days of pregnancy, counted from the first day of your last menstrual period. After that point, abortion is only allowed if continuing the pregnancy would endanger your life or create a serious risk of substantial and irreversible damage to a major bodily function, or if the fetus has an abnormality incompatible with life. There is no mandatory waiting period for adults, no scripted counseling requirement, and medication abortion by telehealth is available. New Hampshire does not have a state constitutional right to abortion, no shield law protecting providers from out-of-state legal action, and the legislature continues to consider new restrictions.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},"sections":{"definitions":{"title":"'Abortion' defined; miscarriage excluded","summary":"New Hampshire defines 'abortion' as intentionally terminating a clinically diagnosable pregnancy with knowledge the termination will likely cause fetal death, but expressly excludes fetal-preservation procedures, miscarriage management, and ectopic pregnancy removal.","description":"Under New Hampshire law, an 'abortion' means using any instrument, medicine, drug, or other method to intentionally end a known pregnancy when the action is expected to cause the death of the fetus. The law specifically says that an abortion does NOT include procedures to save the life or health of the fetus, removing a fetus that has already died from miscarriage, or removing an ectopic pregnancy. This means that standard miscarriage care—including medication and surgical treatment—and treatment for ectopic pregnancy are not restricted by the abortion law, regardless of gestational age.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-43.htm"},{"name":"Justia","href":"https://law.justia.com/codes/new-hampshire/title-x/chapter-132/section-132-32"}]},"current_status":{"title":"24-week ban, fully in force","summary":"The Fetal Life Protection Act (RSA 329:44) prohibits abortion at or after 24 weeks' gestational age (measured from LMP) unless a medical emergency or fatal fetal anomaly exists; no injunction blocks this law.","description":"Since January 1, 2022, New Hampshire law has banned abortion at or after 24 weeks of pregnancy, measured from the first day of your last menstrual period. Abortion before 24 weeks remains legal without restriction. After 24 weeks, abortion is only allowed if your life is endangered, if continuing the pregnancy would cause serious and irreversible damage to a major bodily function, or if the fetus has an abnormality that is incompatible with life. The legislature added the fatal fetal anomaly exception in May 2022. The 24-week ban is not currently blocked by any court order.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"},{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-49.htm"}]},"enforcement_status":{"title":"No injunction; law in full effect","summary":"The Fetal Life Protection Act is not enjoined by any court; it has been in uninterrupted effect since January 1, 2022, with amendments adding exceptions taking effect in May 2022.","description":"The 24-week abortion ban is the law in New Hampshire and is being enforced. No court has blocked it. People can be criminally charged for violating it. The law has been in effect since January 1, 2022, and the exceptions for fatal fetal anomaly and expanded medical emergency were added a few months later in May 2022.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},"exceptions":{"life":{"title":"Life exception in 24-week ban","type":"life","summary":"Abortion is permitted at any gestational age when necessary to preserve the life of the pregnant woman, where her life is endangered by a physical disorder, illness, or injury, including conditions arising from the pregnancy.","description":"If your life is in danger because of a physical medical condition — including a condition caused by the pregnancy itself — you can receive an abortion at any point in pregnancy, even after 24 weeks. This is called the 'medical emergency' exception. Your doctor must determine that the abortion is necessary to save your life. There is no requirement to get a second doctor's opinion or report to law enforcement, though the provider must file a written report with the medical facility and the state health department.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},"physical_health":{"title":"Physical health exception present","type":"physical_health","summary":"The medical emergency definition includes situations where continuing the pregnancy would create a serious risk of substantial and irreversible impairment of a major bodily function.","description":"The New Hampshire law allows abortion after 24 weeks not only to save your life but also to prevent serious and irreversible damage to a major bodily function. Major bodily functions include your immune system, cell growth, digestive system, bowel, bladder, brain and nervous system, breathing, blood circulation, hormone and endocrine systems, and reproductive functions. This is a health exception — it does not require that death be imminent.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-43.htm"},{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-48.htm"}]},"mental_health":{"title":"No mental health exception","type":"mental_health","summary":"New Hampshire's medical emergency exception does not extend to mental health conditions; only physical disorders, illnesses, or injuries qualify.","description":"New Hampshire's exception for medical emergencies after 24 weeks does NOT include mental health conditions. If your mental health is severely threatened by continuing a pregnancy, that alone does not qualify for an exception under state law. Only physical disorders, illnesses, or injuries count.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},"rape":{"title":"No rape exception","type":"rape","summary":"New Hampshire's 24-week ban contains no exception for rape; abortion before 24 weeks is legal regardless, but after 24 weeks, rape does not independently justify the procedure.","description":"New Hampshire law does not include rape as a separate exception to the 24-week ban. If you are pregnant as a result of rape, abortion is legal through 23 weeks and 6 days, same as any other pregnancy. After 24 weeks, the only way to obtain a legal abortion is under the medical emergency or fatal fetal anomaly exceptions — the fact that the pregnancy resulted from rape does not by itself create a legal path to abortion after that point.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},"incest":{"title":"No incest exception","type":"incest","summary":"Identical to rape — the 24-week ban contains no incest exception; it was debated but not enacted.","description":"Like rape, incest is not recognized as an independent exception after 24 weeks. Abortion before 24 weeks remains legal regardless of how the pregnancy occurred.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},"fatal_fetal_anomaly":{"title":"Fatal fetal anomaly exception","type":"fatal_fetal_anomaly","summary":"Abortion is permitted at any gestational age when the fetus has abnormalities incompatible with life; the statute does not define which diagnoses qualify.","description":"If your fetus is diagnosed with a condition that means it cannot survive after birth — what the law calls 'fetal abnormalities incompatible with life' — you can legally obtain an abortion in New Hampshire at any point in pregnancy, even after 24 weeks. The law does not specify which diagnoses count, leaving that determination to the medical judgment of your provider. There is no requirement to prove the diagnosis to a court or to get a second doctor's confirmation.","verification":"verified","confidence":"medium","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic/miscarriage excluded","type":"ectopic_miscarriage_carveout","summary":"Treatment of ectopic pregnancy and removal of a dead fetus from spontaneous miscarriage are expressly excluded from the definition of 'abortion' and are therefore unrestricted.","description":"New Hampshire law explicitly says that treating an ectopic pregnancy or removing fetal tissue after a miscarriage does NOT count as an abortion. These procedures are not restricted by the abortion law at all, no matter how far along the pregnancy is.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-43.htm"}]}},"methods":{"procedural_surgical":{"title":"Legal to 24 weeks; D&X banned","summary":"Procedural abortion is legal through 23 weeks 6 days; 'partial-birth abortion' (intact D&X) is separately prohibited at all gestational ages, with a narrow life-of-the-mother exception; standard D&E is not banned.","description":"Surgical abortion procedures are legal in New Hampshire through 23 weeks and 6 days of pregnancy. After 24 weeks, they are banned except for medical emergencies and fatal fetal anomalies. Separately, a specific procedure known as 'partial-birth abortion' (medically called intact dilation and extraction or D&X) has been banned at all stages of pregnancy since 2013, with an exception only when the mother's life is in danger and two physicians confirm that. The more common second-trimester surgical method called dilation and evacuation (D&E) is NOT banned in New Hampshire.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-34.htm"},{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-33.htm"}]},"medication":{"title":"Legal to 24 weeks; telehealth available","summary":"Medication abortion (mifepristone/misoprostol) is governed identically to procedural abortion under state law — legal through 23 weeks 6 days; no in-person dispensing requirement, no mailing prohibition, and telehealth prescribing is permitted.","description":"Medication abortion using pills (mifepristone and misoprostol) is legal in New Hampshire on the same terms as procedural abortion — through 23 weeks and 6 days of pregnancy. There is no state law requiring you to take the pills in a doctor's presence, no ban on mailing abortion medication, and no restriction on getting a prescription through telehealth. You can have a video or phone visit with a provider and receive the pills by mail. Federal FDA rules currently allow mifepristone to be prescribed by telehealth and dispensed by mail, and New Hampshire has not enacted any law overriding that.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-43.htm"},{"name":"Abortion Defense Network / Lawyering Project","href":"https://abortiondefensenetwork.org/wp-content/uploads/2025/04/New-Hampshire-April-2025.pdf"}]},"self_managed":{"title":"Not criminalized; no prosecution risk","summary":"There is no crime of self-managed abortion in New Hampshire; the 24-week ban applies only to health care providers, and the pregnant woman is not subject to criminal liability.","description":"If you end your own pregnancy — for example, by obtaining abortion pills on your own and taking them — you are not committing a crime under New Hampshire law. The state's abortion restrictions are written to apply to health care providers, not to pregnant women. Similarly, the homicide laws explicitly say they do not apply to any act by the pregnant woman herself. There is no separate law making self-managed abortion illegal. However, this does not mean self-managing is without any risk — general criminal laws could still apply in extreme situations, and legal protection is not the same as medical safety.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/new-hampshire/title-lxii/chapter-630/section-630-1-a"},{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-40.htm"}]}},"actors":{"who_may_perform":{"title":"Any health care provider","summary":"New Hampshire defines 'health care provider' broadly to include physicians, nurses, and any medical-facility employee; no physician-only restriction exists for most abortion care; the D&X ban's exception is physician-specific.","description":"In New Hampshire, abortion can be performed not just by doctors but by other qualified health care providers, including advanced practice nurses, as long as it is within their professional scope of practice. The law defines 'health care provider' broadly to include medical doctors, doctors of osteopathy, nurses, and any employee of a medical facility. There is no requirement that abortions be performed in hospitals or ambulatory surgical centers. No admitting-privileges law exists.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-43.htm"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt; no criminal exposure","summary":"The pregnant woman is expressly exempt from criminal liability under the fetal-homicide statute and the partial-birth-abortion conspiracy provision; the 24-week ban applies only to providers, and no statute criminalizes the woman for obtaining or self-managing an abortion.","description":"Under New Hampshire law, a woman who obtains an abortion — whether surgical or medication-based, whether in-state or through self-management — faces no criminal penalty. The law specifically says the homicide statute does not apply to 'any act committed by the pregnant woman.' The 24-week ban targets only health care providers. There is no crime for receiving or self-inducing an abortion.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/new-hampshire/title-lxii/chapter-630/section-630-1-a"},{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-40.htm"}]},"physician":{"title":"Class B felony; 1-7 years plus fine","summary":"A health care provider who violates the 24-week ban commits a Class B felony punishable by 1-7 years imprisonment and a fine of $10,000-$100,000, plus potential Board of Medicine license discipline and civil liability.","description":"A doctor or other health care provider who knowingly performs an abortion after 24 weeks in violation of the law faces serious consequences: a Class B felony conviction carrying 1 to 7 years in prison, a fine between $10,000 and $100,000, and potential loss of their medical license. The provider can also be sued for money damages by the woman who received the abortion, her husband (if married), or the parents of a minor patient.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-46.htm"},{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-47.htm"}]},"prescriber_pharmacist":{"title":"Covered by broad provider definition","summary":"Non-physician prescribers (APRNs, PAs) and dispensing pharmacists fall within the broad 'health care provider' definition and are subject to the same criminal and civil exposure as physicians for violating the 24-week ban.","description":"If you are a nurse practitioner, physician assistant, or pharmacist involved in abortion care, the same criminal penalties apply to you as to a physician if the abortion violates the 24-week ban — up to 7 years in prison and fines up to $100,000. There is no special exception or lighter penalty for non-physician providers.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-43.htm"}]},"nurses_and_staff":{"title":"Exposed as 'health care providers'","summary":"Clinic staff, nurses, and other employees who participate in an unlawful abortion are exposed under the broad 'health care provider' definition and standard accomplice-liability principles.","description":"Nurses, medical assistants, and clinic staff who assist with an abortion that violates the 24-week ban can face criminal charges as 'health care providers' under the law. Because the law defines 'health care provider' to include any employee of a medical facility, the same Class B felony exposure extends to assisting staff — not just the doctor performing the procedure.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-43.htm"},{"name":"New Hampshire General Court (referenced as background law)","href":"https://gc.nh.gov/rsa/html/LXII/626/626-8.htm"}]},"other_helpers":{"title":"No general aiding crime; minor-travel bill pending","summary":"Under current law, a friend, family member, or employer who helps a pregnant person obtain a lawful abortion faces no specific criminal exposure; however, HB 191 (2025) would criminalize transporting a minor for an abortion without parental consent — its status is unresolved.","description":"Right now, if you help someone get a legal abortion in New Hampshire — for example, by driving them to a clinic, paying for the procedure, or reimbursing travel costs — you are not committing any crime. The abortion laws target providers, not helpers. However, the legislature is considering (and the House has passed) a bill that would make it a crime to transport an unemancipated minor to get an abortion without parental consent. That bill is not yet law. If the abortion itself were unlawful (after 24 weeks without an exception), then general accomplice liability could apply to anyone who knowingly helped.","verification":"verify_before_publication","confidence":"medium","sources":[{"name":"New Hampshire General Court / LegiScan","href":"https://legiscan.com/NH/text/HB191/id/3041686"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"Legal for adults; minor-travel bill pending","summary":"No current law prohibits helping an adult travel for an abortion — within or out of state; HB 191 would criminalize transporting a minor out of state for an abortion without parental consent but is not yet law.","description":"Helping an adult travel to get an abortion — whether in New Hampshire or across state lines — is currently legal. There is no 'abortion trafficking' law. However, a bill moving through the legislature would make it a crime to transport an unemancipated minor across state lines for an abortion without a parent's notarized consent. That bill has passed the House but has not become law. Local ordinances restricting travel assistance do not exist in New Hampshire.","verification":"verify_before_publication","confidence":"high","sources":[{"name":"New Hampshire Bulletin / LegiScan","href":"https://newhampshirebulletin.com/2025/03/27/nh-house-votes-to-criminalize-helping-minors-receive-abortions-but-avoids-the-word-abortion"}]},"funding":{"title":"No funding prohibition in effect","summary":"No New Hampshire law prohibits individuals, employers, or abortion funds from paying for abortion care or related travel; the state has not enacted a civil-aiding or funding ban.","description":"Abortion funds, friends, family members, and employers can legally pay for abortion care or cover travel and lodging costs for someone seeking an abortion. There is no law in New Hampshire that makes it a crime or a civil wrong to provide financial assistance for a lawful abortion.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-47.htm"}]},"mailing_pills":{"title":"No mailing prohibition","summary":"New Hampshire has not enacted any law prohibiting the mailing of abortion medication into or within the state; federal FDA rules currently permit mail-order dispensing of mifepristone.","description":"Sending or receiving abortion pills by mail is legal in New Hampshire. There is no state law that bans mailing abortion medication, and federal law currently allows it. You can legally receive mifepristone and misoprostol by mail from a licensed provider or pharmacy.","verification":"not_applicable","confidence":"high"},"providing_information":{"title":"Protected speech; no liability","summary":"Providing information, referrals, or counseling about lawful abortion is not criminalized in New Hampshire; such speech is protected by the First Amendment and no state law targets it.","description":"You can legally give someone information about abortion — including where to go, how to get pills, or what the law allows — without fear of prosecution. New Hampshire does not have a law that makes it illegal to talk about, refer someone to, or share information about legal abortion.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/421/809/"}]},"civil_bounty":{"title":"No civil bounty law","summary":"New Hampshire has not enacted an SB8-style private civil enforcement mechanism; the civil-remedies provision (RSA 329:47) limits standing to the woman, her spouse, and maternal grandparents, and reaches only providers of unlawful abortions.","description":"New Hampshire does not have a law like Texas's SB 8 that lets any private citizen sue someone who helps with an abortion. The only civil lawsuits the law allows are by the pregnant woman, her husband (if married), or her parents (if she is a minor) against a provider who performed an illegal abortion — not against helpers, drivers, or funders.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-47.htm"}]}},"procedural_requirements":{"waiting_period":{"title":"No waiting period for adults","summary":"New Hampshire imposes no mandatory waiting period between counseling and the abortion procedure for adults; minors are subject to a 48-hour parental-notification waiting period.","description":"If you are an adult, you do not have to wait any required amount of time between your initial consultation and your abortion procedure. You can receive care the same day. Minors must wait at least 48 hours after written notice is delivered to a parent before having an abortion, unless a judge waives that requirement.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/X/132/132-33.htm"}]},"mandatory_counseling":{"title":"No scripted counseling","summary":"New Hampshire does not require state-scripted counseling or distribution of state-produced materials before an abortion; general informed-consent principles apply.","description":"New Hampshire does not require you to receive a state-written script or watch state-produced materials before getting an abortion. Your provider will obtain informed consent following standard medical practice, but the state does not mandate specific language about fetal development, alternatives to abortion, or paternal support.","verification":"not_applicable","confidence":"high"},"ultrasound_requirement":{"title":"Ultrasound only if 24-week risk","summary":"An obstetric ultrasound is required only when the provider knows the fetus is at least 24 weeks or is conscious of a substantial risk that it is; there is no requirement to display or describe the image.","description":"You only need an ultrasound before an abortion in New Hampshire if your provider believes you may be at or near 24 weeks pregnant. If you are clearly earlier in pregnancy, an ultrasound is not legally required. Even when an ultrasound is done, there is no requirement that you view the image or that the provider describe it to you. Originally, the 2021 law required an ultrasound for every abortion, but the legislature changed that in 2022.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},"in_person_visits":{"title":"Zero legally compelled visits","summary":"No combination of New Hampshire laws requires multiple in-person visits; an adult patient can receive abortion care — including medication abortion via telehealth — in a single encounter or entirely remotely.","description":"There is no law in New Hampshire that forces you to make more than one trip to a clinic. Because there is no mandatory waiting period, no required in-person counseling, and telehealth is permitted for medication abortion, you can receive care in a single visit — or, for medication abortion, entirely through a telehealth appointment with pills delivered by mail.","verification":"not_applicable","confidence":"high"}},"minors":{"parental_involvement":{"title":"48-hour parental notification","summary":"Unemancipated minors must have written notice delivered to one parent at least 48 hours before an abortion; judicial bypass is available; the notice requirement can be waived for medical emergencies.","description":"If you are under 18 and not married or legally emancipated, a parent or guardian must be notified in writing at least 48 hours before you can get an abortion. The notice is sent by the doctor or their agent — you don't have to do it yourself. If telling a parent is not safe or possible, you can ask a judge to waive the requirement. A judge can grant the waiver if they find you are mature enough to decide on your own or that an abortion without parental notification is in your best interests. The court must rule within two business days, and the process is confidential and free.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/X/132/132-33.htm"},{"name":"Justia / Supreme Court","href":"https://supreme.justia.com/cases/federal/us/546/320/"}]},"judicial_bypass":{"title":"Bypass available; 2-day ruling","summary":"A minor may petition any superior court judge for a waiver of the parental-notification requirement; the judge must rule within 2 court business days; if the judge does not, the petition is automatically granted.","description":"You can ask a judge to waive the requirement that your parent be notified. You do not need a lawyer (though one will be provided free if you want one), and you can use a pseudonym. The judge must decide within two court business days. If the judge decides you are mature enough to make the decision yourself, or that an abortion without telling your parent is in your best interest, the judge will grant the waiver. If the judge doesn't rule within two days and you didn't ask for more time, the waiver is automatically granted. You can appeal a denial, and the appeal must also be decided within two business days. The entire process is free and confidential.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/X/132/132-34.htm"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice law","summary":"New Hampshire has no statute requiring a husband's consent or notice before a married woman may obtain an abortion.","description":"There is no law in New Hampshire that requires you to get your husband's permission or notify him before having an abortion. Your decision is yours alone under the law.","verification":"not_applicable","confidence":"high"},"enforceability":{"title":"Any spousal law would be void","summary":"No spousal-consent law exists to enforce; under Danforth, any such law would be unconstitutional; Dobbs did not explicitly revisit the spousal-consent holding, but the question is theoretically reopened.","description":"Since New Hampshire does not have a spousal-consent or spousal-notification law, there is nothing to enforce. Even if one were passed, the U.S. Supreme Court ruled in 1976 that such laws are unconstitutional. While the Dobbs decision in 2022 overturned the general right to abortion, it did not specifically address spousal-consent requirements, so a new law might be challenged and its outcome could be uncertain.","verification":"semi_verified","confidence":"medium","sources":[{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/428/52/"}]},"other_paternal_rights":{"title":"Husband may sue provider civilly","summary":"The father, if married to the mother, has statutory standing to sue a health care provider for civil damages for an unlawful abortion (one violating the 24-week ban or the partial-birth ban), but cannot enjoin a lawful abortion.","description":"If you are married to a woman who has an abortion that violates the 24-week ban, you can sue the provider for money damages for psychological and physical injuries. The same applies to fathers of minors under the D&X ban's civil-remedies provision. But you cannot sue to stop a lawful abortion — there is no statute giving a father veto power.","verification":"verified","confidence":"high","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-47.htm"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide from 20 weeks","summary":"A fetus (from 20 weeks post-conception onward) is included in the definition of 'another' for first-degree murder, second-degree murder, manslaughter, and negligent homicide — but the pregnant woman, medical professionals, and lawful medication dispensing are all expressly excluded.","description":"In New Hampshire, if someone kills a fetus that is at least 20 weeks past conception (about 22 weeks from the last menstrual period), they can be charged with murder, manslaughter, or negligent homicide — just as if they had killed a born person. This applies to crimes by third parties, like an assault on a pregnant woman. But the law explicitly says that the pregnant woman herself cannot be charged, nor can her doctor for performing a medical procedure, nor can anyone acting at her request or for her benefit, nor anyone lawfully giving medication. Capital murder (RSA 630:1) specifically excludes fetuses from its definition of 'another.'","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/new-hampshire/title-lxii/chapter-630/section-630-1-a"},{"name":"Justia","href":"https://law.justia.com/codes/new-hampshire/title-lxii/chapter-630/section-630-1"}]},"wrongful_death":{"title":"Viable fetus only; Wallace rule","summary":"A wrongful-death action lies for a viable fetus under RSA 556:12, per Poliquin v. MacDonald (1957); a nonviable fetus never born alive has no wrongful-death claim, per Wallace v. Wallace (1980).","description":"If a fetus is viable (able to survive outside the womb) and dies because of someone else's negligence, the estate can bring a wrongful-death lawsuit. But if the fetus was not yet viable — for example, in the first trimester or early second trimester — there is no wrongful-death claim under New Hampshire law. This comes from a 1980 New Hampshire Supreme Court case called Wallace v. Wallace.","verification":"verified","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/cases/new-hampshire/supreme-court/1980/79-457-0.html"}]},"personhood_definition":{"title":"Fetus defined at 20 weeks post-conception","summary":"For purposes of the homicide statutes, 'fetus' means an unborn offspring from the end of the 20th week after conception until birth; the Fetal Life Protection Act uses the same definition; neither the constitution nor any statute defines the unborn as a 'person' for all purposes.","description":"New Hampshire law defines a 'fetus' as an unborn child starting from the end of the 20th week after conception (or after implantation, for IVF) and continuing until birth. This definition is used in both the homicide law and the abortion law. New Hampshire has no all-purpose personhood amendment or statute declaring that life begins at conception. The state constitution does not define the unborn as persons.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/new-hampshire/title-lxii/chapter-630/section-630-1-a"},{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-43.htm"}]},"contradictions_analysis":"New Hampshire's law contains a notable internal contradiction between its fetal-homicide and abortion regimes. The fetal-homicide statute (RSA 630:1-a) treats a fetus of 20+ weeks post-conception as a homicide victim — a person for purposes of murder, manslaughter, and negligent homicide. Yet the Fetal Life Protection Act (RSA 329:44) permits abortion through 24 weeks LMP (roughly 22 weeks post-conception), meaning there is a window of approximately 2 weeks where the same fetus is simultaneously a potential homicide victim if killed by a third party, and a permissible object of abortion if terminated by a health care provider at the pregnant woman's request. The homicide statute resolves this tension through its comprehensive exclusion of pregnant women, medical professionals, and those acting at the woman's request (RSA 630:1-a(V)(a)(1)-(4)), which effectively carves abortion out of the homicide code. But the underlying conceptual contradiction — that the same entity is criminally protected against some actors and not others — remains. Additionally, Wallace v. Wallace permits wrongful-death claims for viable fetuses while simultaneously acknowledging the pregnant woman's right to abort that same fetus, a tension the court itself noted in 1980 by citing Roe as a limiting principle. With Roe now overruled, that tension is unresolved. The statute's express disclaimer — 'Nothing in this subdivision shall be construed as creating or recognizing a right to abortion' (RSA 329:49) — underscores the legislature's deliberate avoidance of resolving these contradictions."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth permitted; no restriction","summary":"New Hampshire imposes no restriction on telehealth prescribing of abortion medication; patients may receive mifepristone/misoprostol via telemedicine consultation and mail-order dispensing.","description":"You can get a prescription for abortion medication through a telehealth appointment — by video or phone — without going to a clinic in person. There is no New Hampshire law that requires an in-person visit before getting abortion pills, and the medication can be mailed to you.","verification":"semi_verified","confidence":"high","sources":[{"name":"New Hampshire General Court (general telemedicine law)","href":"https://gc.nh.gov/rsa/html/XXX/329/329-1-d.htm"}]},"out_of_state_travel":{"title":"Travel is lawful; no extraterritorial reach","summary":"No New Hampshire statute prohibits a resident from traveling out of state for an abortion; the state does not purport to criminalize conduct occurring wholly outside its borders; HB 191 (to criminalize transporting a minor) is pending.","description":"You can legally travel from New Hampshire to another state to get an abortion. There is no law that tries to punish you for leaving the state to get care, and no law that says what happens in another state is New Hampshire's business. The pending HB 191, which would make it a crime to transport a minor for an abortion without parental consent, would apply to out-of-state travel for minors, but it is not yet law.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"No shield law; no hostile cross-border law","summary":"New Hampshire is the only New England state without a shield law protecting providers and patients from out-of-state investigations and legal actions; the Senate defeated a shield-law bill (SB 551) in March 2026; no hostile cross-border enforcement law exists either.","description":"New Hampshire does not have a 'shield law' to protect doctors and patients from being investigated or sued by other states for providing or receiving abortion care. Every other New England state has one, but New Hampshire's Legislature voted against it. This means that if another state with strict abortion laws tries to get information about abortion care provided in New Hampshire, New Hampshire law does not specifically block that. However, federal HIPAA rules provide some protection for medical records. At the same time, New Hampshire also has not passed any law that tries to reach into other states to punish abortion there.","verification":"semi_verified","confidence":"high","sources":[{"name":"Planned Parenthood New Hampshire Action Fund / WBUR","href":"https://www.plannedparenthoodaction.org/planned-parenthood-new-hampshire-action-fund/press-releases/weeks-after-rejecting-protections-for-nh-health-care-providers-senate-committee-considers-bill-to-shield-anti-abortion-centers-despite-no-current-threats"}]}},"funding_and_insurance":{"medicaid":{"title":"Hyde Amendment only","summary":"New Hampshire's Medicaid program covers abortion only in cases of life endangerment, rape, or incest, as required by the federal Hyde Amendment; the state does not use its own funds to cover abortion beyond these categories.","description":"If you are on New Hampshire Medicaid, your insurance will only pay for an abortion if your life is in danger, or if the pregnancy is the result of rape or incest. For all other situations — including abortions that are medically necessary but not life-threatening — you must pay out of pocket. New Hampshire is one of the states that follows the federal Hyde Amendment and does not contribute state money for broader abortion coverage.","verification":"verify_before_publication","confidence":"high","sources":[{"name":"Guttmacher Institute","href":"https://www.guttmacher.org/state-policy/explore/state-insurance-coverage-abortion-under-medicaid"},{"name":"National Health Law Program","href":"https://healthlaw.org/wp-content/uploads/2022/04/2025-Abortion-Coverage-Under-Medicaid.pdf"}]},"private_insurance":{"title":"No mandate; no restriction","summary":"New Hampshire neither requires nor prohibits private insurance plans from covering abortion; coverage is determined by the insurer and the plan; the Reproductive Health Parity Act (HB 685) to mandate coverage has not been enacted.","description":"Private health insurance in New Hampshire may or may not cover abortion — it depends on your specific plan. There is no state law requiring insurance companies to cover abortion, and no state law prohibiting them from doing so. Some plans cover it, others do not. Check your policy. A bill that would have required all plans that cover maternity care to also cover abortion (the Reproductive Health Parity Act) has been introduced but has not passed.","verification":"verify_before_publication","confidence":"high","sources":[{"name":"Planned Parenthood New Hampshire Action Fund","href":"https://www.plannedparenthoodaction.org/planned-parenthood-new-hampshire-action-fund/issues/reproductive-health-parity-act"}]},"exchange_plans":{"title":"ACA plans: no state restriction","summary":"ACA marketplace plans in New Hampshire are governed by the same permissive private-insurance framework — no state mandate to cover abortion and no state prohibition on covering it; plan-by-plan variation exists.","description":"Health insurance plans sold through the Affordable Care Act marketplace in New Hampshire are not required to cover abortion, but they are also not prohibited from doing so. Whether a particular marketplace plan covers abortion depends on the insurance company and the specific plan. You should check plan documents before enrolling.","verification":"not_applicable","confidence":"high"},"state_funding_of_providers":{"title":"No defunding statute; neutral posture","summary":"New Hampshire has not enacted a statute defunding abortion providers from state programs; the state also does not affirmatively fund abortion providers through a dedicated appropriation.","description":"New Hampshire does not have a law that bans state funding from going to organizations that provide abortions — unlike some other states that have 'defund Planned Parenthood' laws. At the same time, the state does not specifically set aside money to support abortion providers. This is a neutral position — neither targeting nor funding.","verification":"not_applicable","confidence":"high"}}},"penalties":[{"actor":"Physician or other health care provider — 24-week ban violation","offense":"Knowingly performing or inducing an abortion at or after 24 weeks gestational age in violation of RSA 329:44","penalty":"Class B felony: 1-7 years imprisonment; fine of $10,000-$100,000; potential Board of Medicine license discipline; civil damages for psychological and physical injuries","verification":"verified","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-46.htm"},{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-47.htm"}]},{"actor":"Physician — partial-birth abortion (D&X) violation","offense":"Intentionally or knowingly performing a partial-birth abortion in violation of RSA 329:34","penalty":"Fine of $10,000-$100,000; imprisonment of 1-10 years; civil damages including three times the cost of the abortion plus psychological and physical injuries","verification":"semi_verified","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-36.htm"},{"name":"Justia","href":"https://law.justia.com/codes/new-hampshire/title-xxx/chapter-329/section-329-37"}]},{"actor":"Pregnant woman (any abortion, any method)","offense":"No offense — expressly exempted from prosecution under the fetal-homicide statute, partial-birth abortion conspiracy provision, and Fetal Life Protection Act (which targets providers only)","penalty":"None","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/new-hampshire/title-lxii/chapter-630/section-630-1-a"},{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-40.htm"}]},{"actor":"Non-physician health care provider (APRN, PA, nurse, pharmacist) — 24-week ban violation","offense":"Same as physician: knowingly performing or inducing an abortion at or after 24 weeks","penalty":"Class B felony: 1-7 years imprisonment; fine of $10,000-$100,000; professional license discipline; civil damages","verification":"verified","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-46.htm"}]}],"recent_changes":[{"date":"2021-06-25","event":"Governor Chris Sununu signs HB 2, the biennial budget, which includes the Fetal Life Protection Act (2021 N.H. Laws ch. 91:39) — New Hampshire's first modern abortion restriction, banning abortion at or after 24 weeks with only a narrow medical-emergency exception, plus a blanket ultrasound mandate.","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},{"date":"2022-01-01","event":"The Fetal Life Protection Act takes effect, making abortion after 24 weeks LMP illegal for the first time in New Hampshire's modern history, and requiring an ultrasound for all abortions.","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},{"date":"2022-05-20","event":"Governor Sununu signs HB 1673, adding a 'fetal abnormalities incompatible with life' exception to the 24-week ban and narrowing the ultrasound mandate so that an ultrasound is required only when the provider knows or is conscious of a substantial risk that the fetus is at least 24 weeks.","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},{"date":"2022-05-27","event":"Governor Sununu signs HB 1609, expanding the medical-emergency definition to include situations where continuing the pregnancy would create a 'serious risk of substantial and irreversible impairment of a major bodily function.'","sources":[{"name":"New Hampshire General Court","href":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm"}]},{"date":"2022-06-24","event":"Dobbs v. Jackson Women's Health Organization is decided, ending the federal constitutional right to abortion. Because New Hampshire's 24-week ban was already in effect (and no pre-Roe ban remained on the books — repealed in 1997), Dobbs produced no immediate change in New Hampshire law.","sources":[{"name":"U.S. Supreme Court","href":"https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf"}]},{"date":"2024-02-01","event":"The New Hampshire House defeats CACR 23, a proposed constitutional amendment that would have enshrined the right to abortion before 24 weeks in the state constitution. It received 193 votes in favor, 184 opposed, falling short of the three-fifths supermajority required.","sources":[{"name":"New Hampshire Bulletin","href":"https://newhampshirebulletin.com/2024/02/01/house-defeats-15-day-abortion-ban-constitutional-right-to-abortion"}]},{"date":"2025-03-27","event":"The New Hampshire House passes HB 191 (180-164), which would criminalize transporting an unemancipated minor to obtain a surgical procedure or abortion without notarized parental consent. The bill moves to the Senate.","sources":[{"name":"New Hampshire Bulletin","href":"https://newhampshirebulletin.com/2025/03/27/nh-house-votes-to-criminalize-helping-minors-receive-abortions-but-avoids-the-word-abortion"}]},{"date":"2025-07-01","event":"RSA 329:49-a (Collection and Reporting of Abortion Statistics), requiring detailed reporting by health care providers, takes effect (effective date delayed from January 1, 2027, by SB 474).","sources":[{"name":"New Hampshire General Court / LegiScan","href":"https://legiscan.com/NH/text/SB474/id/3285601"}]},{"date":"2026-03-04","event":"The House Judiciary Committee votes 13-4 to recommend killing HB 1590, which would have lowered the gestational limit from 24 to 20 weeks. The bill is effectively defeated.","sources":[{"name":"Valley News / Newspapers of New England","href":"https://vnews.com/2026/03/04/reproductive-rights-advocates-win-nh"}]},{"date":"2026-03-05","event":"The New Hampshire Senate votes SB 551 (abortion shield law) 'Inexpedient to Legislate,' on party lines, leaving New Hampshire as the only New England state without shield-law protections.","sources":[{"name":"Planned Parenthood New Hampshire Action Fund","href":"https://www.plannedparenthoodaction.org/planned-parenthood-new-hampshire-action-fund/press-releases/weeks-after-rejecting-protections-for-nh-health-care-providers-senate-committee-considers-bill-to-shield-anti-abortion-centers-despite-no-current-threats"}]}],"pending_changes":[{"name":"HB 191 (2025-2026)","type":"legislation","status":"Passed House (180-164, March 2025); in conference committee; not yet enacted.","effect":"Would criminalize transporting an unemancipated minor to obtain an abortion or surgical procedure without notarized parental consent. Could expose drivers, relatives, and abortion funds to criminal and civil penalties for assisting minor travel — both in-state and out-of-state.","sources":[{"name":"New Hampshire General Court / LegiScan","href":"https://legiscan.com/NH/bill/HB191/2025"}]},{"name":"HB 685 (Reproductive Health Parity Act)","type":"legislation","status":"Reintroduced in the 2025-2026 legislative session; not yet enacted.","effect":"Would require private insurance plans and ACA marketplace plans that cover maternity benefits to also cover abortion care. Would significantly expand insurance coverage of abortion in New Hampshire.","sources":[{"name":"Planned Parenthood New Hampshire Action Fund","href":"https://www.plannedparenthoodaction.org/planned-parenthood-new-hampshire-action-fund/issues/reproductive-health-parity-act"}]},{"name":"HB 1313 (2026)","type":"legislation","status":"Pending in 2026 session; would repeal the buffer-zone law protecting abortion clinics.","effect":"Would remove the legal authority for reproductive health facilities to establish 25-foot protest-free buffer zones, potentially exposing patients and providers to closer protest activity. No clinic has established a buffer zone to date, but the law provides the option.","sources":[{"name":"WMUR / WBUR","href":"https://www.wbur.org/news/2026/02/17/new-hampshire-abortion-shield-law-bills"}]},{"name":"SB 36 / HB 712 / RSA 329:49-a (abortion statistics reporting)","type":"legislation","status":"Enacted; effective date delayed to July 1, 2027 (by SB 474).","effect":"Will require health care providers to report detailed abortion statistics to the Department of Health and Human Services, including date, county, patient age group, residency, method, and gestational age. Raises privacy and surveillance concerns.","sources":[{"name":"New Hampshire General Court / LegiScan","href":"https://legiscan.com/NH/text/SB474/id/3285601"}]},{"name":"No active litigation challenging the Fetal Life Protection Act","type":"litigation","status":"No facial or as-applied challenge to the 24-week ban has been filed in state or federal court as of this writing.","effect":"Unlike many states where abortion bans are enjoined pending litigation, New Hampshire's 24-week ban faces no legal challenge. If litigation were filed under the New Hampshire Constitution's privacy provision (Article 2-b), the New Hampshire Supreme Court would interpret that provision for the first time in the abortion context."}],"key_authorities":[{"name":"Fetal Life Protection Act (24-Week Ban)","citation":"N.H. Rev. Stat. §§ 329:43-329:49","type":"statute","url":"https://gc.nh.gov/rsa/html/XXX/329/329-44.htm","why":"The primary operative statute: prohibits abortion at or after 24 weeks LMP, defines exceptions, imposes criminal and civil penalties, and governs ultrasound requirements."},{"name":"Fetal Life Protection Act — Definitions","citation":"N.H. Rev. Stat. § 329:43","type":"statute","url":"https://gc.nh.gov/rsa/html/XXX/329/329-43.htm","why":"Defines 'abortion,' 'fetus,' 'gestational age,' 'health care provider,' 'medical emergency,' and 'major bodily function' — the entire conceptual framework for the 24-week ban."},{"name":"Partial-Birth Abortion Ban Act","citation":"N.H. Rev. Stat. §§ 329:33-329:40","type":"statute","url":"https://gc.nh.gov/rsa/html/XXX/329/329-34.htm","why":"Prohibits intact D&X (partial-birth abortion) at all gestational ages, with a narrow life-of-the-mother exception and a mother-exemption from conspiracy liability."},{"name":"Parental Notification Prior to Abortion Act","citation":"N.H. Rev. Stat. §§ 132:32-132:36","type":"statute","url":"https://gc.nh.gov/rsa/html/X/132/132-33.htm","why":"Requires 48-hour written notice to one parent for minors; provides judicial bypass with a maturity/best-interests standard and a 2-business-day deadline."},{"name":"Fetal Homicide Statute","citation":"N.H. Rev. Stat. § 630:1-a(IV)-(V)","type":"statute","url":"https://law.justia.com/codes/new-hampshire/title-lxii/chapter-630/section-630-1-a","why":"Defines 'fetus' as a homicide victim from 20 weeks post-conception, but expressly exempts pregnant women, medical professionals, and those acting at the woman's request."},{"name":"Capital Murder — Fetus Exclusion","citation":"N.H. Rev. Stat. § 630:1(IV)","type":"statute","url":"https://law.justia.com/codes/new-hampshire/title-lxii/chapter-630/section-630-1","why":"Explicitly excludes a fetus from the definition of 'another' for capital murder — the highest homicide charge — distinguishing it from the non-capital homicide statutes."},{"name":"Ayotte v. Planned Parenthood of Northern New England","citation":"546 U.S. 320 (2006)","type":"case","url":"https://supreme.justia.com/cases/federal/us/546/320/","why":"The U.S. Supreme Court case addressing New Hampshire's original parental-notification law; established that abortion restrictions must include a health exception, prompting the current statute's medical-emergency carve-out."},{"name":"Wallace v. Wallace","citation":"120 N.H. 675 (1980)","type":"case","url":"https://law.justia.com/cases/new-hampshire/supreme-court/1980/79-457-0.html","why":"The controlling New Hampshire Supreme Court decision on fetal wrongful death: viable fetuses have a cause of action; nonviable fetuses do not."},{"name":"New Hampshire Constitution, Part 1, Article 2-b (Right to Privacy)","citation":"N.H. Const. pt. 1, art. 2-b","type":"constitution","url":"https://www.nh.gov/glance/state-constitution/bill-rights","why":"Adopted by voters in 2018, this provision guarantees the right to live free from governmental intrusion in private or personal information; its application to abortion has not been decided by the New Hampshire Supreme Court, but it is the most likely vehicle for a future state constitutional challenge to abortion restrictions."},{"name":"Civil Remedies — Fetal Life Protection Act","citation":"N.H. Rev. Stat. § 329:47","type":"statute","url":"https://gc.nh.gov/rsa/html/XXX/329/329-47.htm","why":"Grants the woman, her husband (if married), and maternal grandparents standing to sue a provider for civil damages for an unlawful abortion — the closest New Hampshire comes to private enforcement."},{"name":"Board of Medicine Review","citation":"N.H. Rev. Stat. § 329:48","type":"statute","url":"https://gc.nh.gov/rsa/html/XXX/329/329-48.htm","why":"Permits a provider accused of violating the 24-week ban to seek a pre-trial Board of Medicine hearing on whether the conduct fell within the exception; findings are admissible at trial."},{"name":"Criminal Penalties — 24-Week Ban","citation":"N.H. Rev. Stat. § 329:46","type":"statute","url":"https://gc.nh.gov/rsa/html/XXX/329/329-46.htm","why":"Establishes the criminal penalty: Class B felony, 1-7 years imprisonment, $10,000-$100,000 fine, for knowingly performing an abortion at or after 24 weeks."},{"name":"Prosecutorial Exclusion — Partial-Birth Abortion","citation":"N.H. Rev. Stat. § 329:40","type":"statute","url":"https://gc.nh.gov/rsa/html/XXX/329/329-40.htm","why":"Expressly exempts the woman from prosecution for conspiracy to violate the partial-birth abortion ban — a key mother-exemption provision."},{"name":"Construction Clause — No Right to Abortion","citation":"N.H. Rev. Stat. § 329:49","type":"statute","url":"https://gc.nh.gov/rsa/html/XXX/329/329-49.htm","why":"States that nothing in the Fetal Life Protection Act creates or recognizes a right to abortion — a preemptive statutory bar against courts finding an implied statutory right."}],"research_notes":{"overall_confidence":"high","editor_notes":"Before publication: (1) confirm the final disposition of HB 191 (minor travel criminalization) — currently in conference committee; (2) verify that no new abortion-related legislation has been enacted in the 2026 session beyond what is captured here; (3) check whether any state constitutional litigation has been filed since this research was completed; (4) confirm the current Medicaid coverage policy with the most recent NH DHHS administrative rules; (5) verify whether RSA 329:49-a (reporting) has been further amended or its effective date changed; (6) the Guttmacher and National Health Law Program secondary sources for Medicaid coverage should be supplemented with a primary NH DHHS source if available.","gaps":["Whether the New Hampshire Supreme Court would interpret Article 2-b (Right to Privacy) to protect abortion rights is unresolved — no case has been brought.","Whether Wallace v. Wallace's viability-based wrongful-death rule survives Dobbs is uncertain — the decision relied on Roe, but no court has revisited it.","The scope of 'fetal abnormalities incompatible with life' is statutorily undefined and has not been tested in any reported enforcement action.","Whether HB 191 (minor travel criminalization) will be enacted and, if so, whether it will survive constitutional challenge under the right to travel and Commerce Clause is uncertain.","The exact effective date of the abortion-statistics reporting requirement (RSA 329:49-a) has been repeatedly delayed; the current effective date of July 1, 2027, may shift again."]}}