Abhortion · State legal snapshot
Legal to 24 weeks LMP. Abortion is legal in New Hampshire up to 24 weeks gestational age measured from last menstrual period, with exceptions thereafter for life-preserving…
§ I · Gestational limit
│ 24-week ban, fully in force · measured from LMP · N.H. Rev. Stat. § 329:44(II)
§ II · Restriction inventory — 15 checked, 4 in force
◐24-week ban · LMPIn force
●In-person visitsNone
◐Method ban · D&XIn force
●Physician-only lawNone
◐Parental notificationIn force
●Telehealth prescribing banNone
●Waiting periodNone
●Spousal consent or noticeNone
○Abortion trafficking lawUnclear
●Scripted counselingNone
●Civil bounty (SB8-style)None
●Private insurance restrictionNone
◐Ultrasound offerOffer only
●Pill-mailing banNone
●Self-managed abortion crimeNone
§ III · Access
Criminal exposure
Procedure
Coverage & interstate
Available now
Yes
Pregnant person
Expressly exempt
Waiting period
0 hours
Medicaid
Hyde only
Medication · telehealth
Legal · telehealth allowed
Self-managed
Not a crime
Compelled visits
0 in person
Private insurance
No state restriction
Who may perform
Physicians & APCs
Provider max penalty
Class B felony, 1-7 years…
Minors
Parental notification
Shield state
No
Mailing pills
Not banned
Fetal homicide law
Yes · abortion carved out
Judicial bypass
Available
Major pending change
Yes · see p. 2
✓ Abolition-aligned — forbids abortion or imposes liability◐ Partial — a hurdle, an enjoined law, or a carve-out● No restriction○ Unclear or not applicable
§ IV · Where the line is drawn — governing authorities
Fetal Life Protection Act (24-Week Ban), N.H. Rev. Stat. §§ 329:43-329:49 — The primary operative statute: prohibits abortion at or after 24 weeks LMP, defines…
■Fetal Life Protection Act — Definitions, N.H. Rev. Stat. § 329:43 — Defines 'abortion,' 'fetus,' 'gestational age,' 'health care provider,' 'medical…
■Partial-Birth Abortion Ban Act, N.H. Rev. Stat. §§ 329:33-329:40 — Prohibits intact D&X (partial-birth abortion) at all gestational ages, with a narrow…
“Except in the case of fetal abnormalities incompatible with life, or a medical emergency as specifically defined in paragraph III, no health care provider shall knowingly perform, induce, or attempt to perform an…”— N.H. Rev. Stat. § 329:44(II)
Fetal personhood — how the contradiction is walled off
✓ N.H. Rev. Stat. § 630:1-a(V)(b)(1)
“'Fetus' means an unborn offspring, from the embryo stage which is the end of the twentieth week after conception or, in the case of in vitro fertilization, the end of…”
Fetus defined at 20 weeks post-conception
→
● Exempt · pregnant woman
Expressly exempt; no criminal exposure
● Carved out · abortion
Abortion is not chargeable under the homicide statutes.
✓ Reached · third parties
Fetal homicide from 20 weeks
New Hampshire's law contains a notable internal contradiction between its fetal-homicide and abortion regimes. Wrongful death: Viable fetus only; Wallace rule.
§ V · Criminal exposure by actor
●
Pregnant woman
Expressly exempt; no criminal exposure
✓
Physician
Class B felony; 1-7 years plus fine
●
Non-physician prescriber
Covered by broad provider definition
●
Helpers · funds
No general aiding crime; minor-travel…
○
Travel helpers
Legal for adults; minor-travel bill…
●
Civil bounty
No civil bounty law
✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical
Penalties on the books — top 4
§ VI · How the law got here ● court ■ statute ◆ executive / agency
Governor Sununu signs HB 1673, adding a 'fetal abnormalities incompatible with life' exception to the 24-week ban and…
27 May 2022■Governor Sununu signs HB 1609, expanding the medical-emergency definition to include situations where continuing the…
24 Jun 2022●Dobbs v. Jackson Women's Health Organization is decided, ending the federal constitutional right to abortion.
1 Feb 2024◆The New Hampshire House defeats CACR 23, a proposed constitutional amendment that would have enshrined the right to…
27 Mar 2025◆The New Hampshire House passes HB 191 (180-164), which would criminalize transporting an unemancipated minor to…
1 Jul 2025■RSA 329:49-a (Collection and Reporting of Abortion Statistics), requiring detailed reporting by health care…
4 Mar 2026◆The House Judiciary Committee votes 13-4 to recommend killing HB 1590, which would have lowered the gestational limit…
5 Mar 2026◆The New Hampshire Senate votes SB 551 (abortion shield law) 'Inexpedient to Legislate,' on party lines, leaving New…
§ VII · Exceptions matrix
Named in law: ◐ the exception is written into the ban · ✓ no such exception · ● no ban for an exception to operate against. Verified (neutral): ✓ quoted text confirmed at source · ◐ semi-verified · ○ verify before publication · — not applicable.
§ VIII · Interstate & helpers
✓ No shield law
No shield law; no hostile cross-border law
○ Travel assistance unclear
Travel is lawful; no extraterritorial reach
● Telehealth prescribing allowed
Telehealth permitted; no restriction
● Pill mailing not banned
No mailing prohibition
● Funding help protected
No funding prohibition in effect
● Providing information
Protected speech; no liability
Interstate postureNew 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)…
§ IX · Who pays
Hyde Amendment only
Life
Hyde · federal
Rape
Hyde · federal
Incest
Hyde · federal
Beyond Hyde
Not covered
No mandate; no restriction
ACA plans: no state restriction
◐No defunding statute; neutral posture
§ X · Pending changes status and effect as recorded — no forecast
HB 191 (2025-2026)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. Could expose drivers, relatives,…
LegislationHB 685 (Reproductive Health Parity Act)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…
LegislationHB 1313 (2026)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…
LegislationSB 36 / HB 712 / RSA 329:49-a (abortion statistics reporting)Enacted; effective date delayed to July 1, 2027 (by SB 474).
Will require health care providers to report detailed abortion statistics to the Department of Health and Human Services, including date, county, patient age group,…
§ XI · Key authorities ● case ■ statute ◆ agency
■Fetal Life Protection Act (24-Week Ban) N.H. Rev. Stat. §§ 329:43-329:49
■Fetal Life Protection Act — Definitions N.H. Rev. Stat. § 329:43
■Partial-Birth Abortion Ban Act N.H. Rev. Stat. §§ 329:33-329:40
■Parental Notification Prior to Abortion Act N.H. Rev. Stat. §§ 132:32-132:36
■Fetal Homicide Statute N.H. Rev. Stat. § 630:1-a(IV)-(V)
■Capital Murder — Fetus Exclusion N.H. Rev. Stat. § 630:1(IV)
●Ayotte v. Planned Parenthood of Northern New England 546 U.S. 320 (2006)
●Wallace v. Wallace 120 N.H. 675 (1980)
■New Hampshire Constitution, Part 1, Article 2-b… N.H. Const. pt. 1, art. 2-b
■Civil Remedies — Fetal Life Protection Act N.H. Rev. Stat. § 329:47
■Board of Medicine Review N.H. Rev. Stat. § 329:48
■Criminal Penalties — 24-Week Ban N.H. Rev. Stat. § 329:46