State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
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.
N.H. Rev. Stat. § 329:44(II)
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.
N.H. Rev. Stat. § 630:1-a(IV)-(V) · N.H. Rev. Stat. § 630:1(IV) · N.H. Rev. Stat. § 630:1-a(V)(b)(1)
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.
New Hampshire has no statute requiring a husband's consent or notice before a married woman may obtain an abortion.
| Actor | Offense | Penalty |
|---|---|---|
| Physician or other health care provider — 24-week ban violation | Knowingly performing or inducing an abortion at or after 24 weeks gestational age in violation of RSA 329:44 | 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 |
| Physician — partial-birth abortion (D&X) violation | Intentionally or knowingly performing a partial-birth abortion in violation of RSA 329:34 | 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 |
| Pregnant woman (any abortion, any method) | 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) | None |
| Non-physician health care provider (APRN, PA, nurse, pharmacist) — 24-week ban violation | Same as physician: knowingly performing or inducing an abortion at or after 24 weeks | Class B felony: 1-7 years imprisonment; fine of $10,000-$100,000; professional license discipline; civil damages |
HB 191 (2025-2026)
Legislation · Passed House (180-164, March 2025); in conference committee; not yet enacted.
Would criminalize transporting an unemancipated minor to obtain an abortion or surgical procedure without notarized parental consent.
HB 685 (Reproductive Health Parity Act)
Legislation · Reintroduced in the 2025-2026 legislative session; not yet enacted.
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.
HB 1313 (2026)
Legislation · Pending in 2026 session; would repeal the buffer-zone law protecting abortion clinics.
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.
The primary operative statute: prohibits abortion at or after 24 weeks LMP, defines exceptions, imposes criminal and civil penalties, and governs ultrasound requirements.
Defines 'abortion,' 'fetus,' 'gestational age,' 'health care provider,' 'medical emergency,' and 'major bodily function' — the entire conceptual framework for the 24-week ban.
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.
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.
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.
Generated from the structured legal focused deep-research record for NH (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full New Hampshire survey. This document has not been reviewed by a lawyer and should not be used as legal advice.