§ 1 Overview
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 emergencies, serious risk of substantial bodily impairment, and fatal fetal anomalies.
Full analysis
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.
Legal analysis
The Fetal Life Protection Act, codified at RSA 329:43-329:49 and effective January 1, 2022, operates as New Hampshire's first modern abortion restriction. It is a gestational-age prohibition at 24 weeks LMP with three statutory exceptions: (1) medical emergency to preserve life, (2) medical emergency to avert serious risk of substantial and irreversible impairment of a major bodily function, and (3) fetal abnormalities incompatible with life. The Act is not enjoined and is in full effect. New Hampshire repealed its pre-Roe criminal abortion statutes in 1997, has no trigger law, and has no constitutional or statutory provision affirmatively protecting abortion access. The state constitution's Article 2-b (Right to Privacy, adopted 2018) has not been interpreted by the New Hampshire Supreme Court to encompass abortion rights. The state is the only jurisdiction in New England without a shield law.
Verified at source · high confidence · N.H. Rev. Stat. § 329:44(II), paragraph II, New Hampshire General Court
§ 2 At a glance
Key machine-readable determinations from the research document. Each value is derived from a sourced finding on this page — where a finding is unsettled, the value says so.
Legal classification
Gestational limit
Gestational limit
24 weeks
Limit measured from
Last menstrual period
Available today, as enforced
Yes
Mother expressly exempt
Yes
Medication abortion distinct
No
Telehealth prescribing
Yes
Shield state
No
Civil bounty enforcement
No
Parental involvement
Notification only
Judicial bypass
Yes
Medicaid coverage
Hyde only
Fetal homicide law
Yes
Personhood language in law
Yes
Rape / incest exception
No
Exceptions present
Life, Physical health, Fatal fetal anomaly, Ectopic miscarriage carveout
§ 3 What counts as “abortion” here
'Abortion' defined; miscarriage excluded
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.
Full analysis
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.
Legal analysis
RSA 329:43(I) defines 'abortion' as 'the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the fetus.' The same subsection expressly carves out three categories: '(a) Save the life or preserve the health of the fetus; (b) Remove a dead fetus caused by spontaneous abortion; or (c) Remove an ectopic pregnancy.' The carve-out for removing 'a dead fetus caused by spontaneous abortion' is generally understood in practice to mean a fetus without cardiac activity, which means miscarriage management at any gestational age is not an 'abortion' for purposes of the Fetal Life Protection Act. The definition in the separate parental-notification chapter (RSA 132:32(I)) is slightly different: 'the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove an ectopic pregnancy or the products from a spontaneous miscarriage.' The AED definition also defines 'fetus' (RSA 329:43(XI)) as '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 the twentieth week after implantation, until birth.' This definition is significant for the fetal-homicide statute but does not narrow the abortion law's reach, which applies at all gestational ages.
Verified at source · high confidence · N.H. Rev. Stat. § 329:43(I), subsection I, New Hampshire General Court · N.H. Rev. Stat. § 132:32(I), subsection I, Justia
Editor’s note Two separate statutory definitions of 'abortion' exist in New Hampshire law — RSA 329:43(I) (Fetal Life Protection Act) and RSA 132:32(I) (parental notification chapter). Both carve out miscarriage and ectopic management, but the wording differs slightly. The RSA 329:43 definition is the operative one for the 24-week ban.
§ 4 Current status
24-week ban, fully in force
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.
Full analysis
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.
Legal analysis
The Fetal Life Protection Act (2021 N.H. Laws ch. 91:39, codified at RSA 329:43-329:49), effective January 1, 2022, prohibits any health care provider from performing, inducing, or attempting an abortion when the probable gestational age is at least 24 weeks, measured from the first day of the last menstrual period (RSA 329:43(IV)). The Act was passed as part of the biennial budget bill (HB 2) and signed by Governor Chris Sununu. It was amended in 2022 to add the fatal fetal anomaly exception (2022 N.H. Laws ch. 86:1, effective May 20, 2022) and the medical-emergency definition encompassing serious risk of substantial and irreversible impairment of a major bodily function (2022 N.H. Laws ch. 119:1, effective May 27, 2022). No litigation has been filed challenging the Act's constitutionality under the New Hampshire Constitution, and no federal court has enjoined it. The Act explicitly provides that '[n]othing in this subdivision shall be construed as creating or recognizing a right to abortion' (RSA 329:49).
Verified at source · high confidence · N.H. Rev. Stat. § 329:44(II), paragraph II, New Hampshire General Court · N.H. Rev. Stat. § 329:49, sole paragraph, New Hampshire General Court
§ 5 Law-in-effect vs. law-on-the-books
No injunction; law in full effect
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.
Full analysis
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.
Legal analysis
Unlike many states' post-Dobbs abortion restrictions, New Hampshire's Fetal Life Protection Act has never been the subject of a successful facial or as-applied constitutional challenge. No temporary restraining order, preliminary injunction, or permanent injunction has ever issued against it. The Act took effect January 1, 2022 — predating Dobbs — and has been continuously operative. The 2022 amendments (HB 1673 and HB 1609) narrowed the ultrasound mandate and added the fatal fetal anomaly and major-bodily-function exceptions, respectively, but did not alter the 24-week prohibition. There are no known prosecutorial non-enforcement pledges from New Hampshire county attorneys or the Attorney General that would functionally suspend the law.
Verified at source · high confidence · 2021 N.H. Laws ch. 91:39, source note, New Hampshire General Court
§ 6 Exceptions
Life of the mother
Life exception in 24-week ban
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.
Full analysis
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.
Legal analysis
RSA 329:44(III) defines 'medical emergency' as 'a condition in which an abortion is necessary to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.' This operates as an exception to both the ultrasound/gestational-age-determination requirement in paragraph I and the 24-week prohibition in paragraph II. RSA 329:45 requires the provider to report the determination in writing to the medical facility, which must report to DHHS; records must be retained for at least five years. There is no requirement for a second-physician certification, law enforcement notification, or mandatory review by a hospital committee.
Verified at source · high confidence · N.H. Rev. Stat. § 329:44(III), paragraph III, New Hampshire General Court
Physical health
Physical health exception present
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.
Full analysis
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.
Legal analysis
The second prong of RSA 329:44(III)'s 'medical emergency' definition covers 'when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function.' RSA 329:43(V) defines 'major bodily function' to 'include[], but [be] not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.' This is broader than a pure life exception but narrower than a general health exception — it requires both 'substantial' and 'irreversible' impairment. A provider who relies on this exception and is charged may seek a pre-trial hearing before the Board of Medicine under RSA 329:48(I) for a determination that the conduct was within the exception, the findings of which are admissible at trial.
Verified at source · high confidence · N.H. Rev. Stat. § 329:43(V), subsection V, New Hampshire General Court · N.H. Rev. Stat. § 329:48(I), subsection I, New Hampshire General Court
Mental health
No mental health exception
New Hampshire's medical emergency exception does not extend to mental health conditions; only physical disorders, illnesses, or injuries qualify.
Full analysis
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.
Legal analysis
RSA 329:44(III) limits the 'medical emergency' definition to conditions involving 'a physical disorder, physical illness, or physical injury.' Mental health conditions — even severe ones — are not enumerated and fall outside the plain text. The listed 'major bodily functions' in RSA 329:43(V) include 'neurological' and 'brain' functions but do not specifically mention psychiatric or psychological conditions. A provider treating a patient whose mental health is in crisis would need to identify a qualifying physical manifestation to invoke the exception.
Verified at source · high confidence · N.H. Rev. Stat. § 329:44(III), paragraph III, New Hampshire General Court
Rape
No rape exception
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.
Full analysis
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.
Legal analysis
The Fetal Life Protection Act contains no exception for rape or incest. RSA 329:44 permits abortion after 24 weeks only in cases of (1) medical emergency or (2) fetal abnormalities incompatible with life. The original 2021 enactment and both 2022 amendments declined to include rape or incest-based exceptions. This remains a point of active legislative contention; repeal and amendment bills that would add a rape/incest exception have been introduced but not enacted.
Verified at source · high confidence · N.H. Rev. Stat. § 329:44, paragraph II, New Hampshire General Court
Incest
No incest exception
Identical to rape — the 24-week ban contains no incest exception; it was debated but not enacted.
Full analysis
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.
Legal analysis
See analysis under rape exception — the same statutory gap applies. No incest exception exists in RSA 329:44.
Verified at source · high confidence · N.H. Rev. Stat. § 329:44(II), paragraph II, New Hampshire General Court
Fatal fetal anomaly
Fatal fetal anomaly exception
Abortion is permitted at any gestational age when the fetus has abnormalities incompatible with life; the statute does not define which diagnoses qualify.
Full analysis
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.
Legal analysis
RSA 329:44(II) carves out 'fetal abnormalities incompatible with life' from the 24-week prohibition. The statute does not define the term or list qualifying conditions. This exception was added by 2022 N.H. Laws ch. 86:1 (HB 1673), effective May 20, 2022, after the original 2021 enactment had no such exception. The absence of a statutory definition means the determination rests on the treating provider's reasonable medical judgment under RSA 329:43(X). There is no mandatory reporting separate from the general medical-emergency reporting requirement applicable to the 24-week ban; by its terms, the reporting requirement in RSA 329:45 applies to abortions 'performed under RSA 329:44' without distinguishing among the exception categories.
Verified at source · medium confidence · N.H. Rev. Stat. § 329:44(II), paragraph II, New Hampshire General Court
Editor’s note The statute does not define 'fetal abnormalities incompatible with life.' The absence of a definition creates ambiguity about which diagnoses qualify and may chill providers. Confidence is 'medium' because prosecutorial interpretation of this undefined term has not been tested in any reported case.
Ectopic pregnancy & miscarriage care
Ectopic/miscarriage excluded
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.
Full analysis
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.
Legal analysis
RSA 329:43(I)(b)-(c) expressly provides that the use of any instrument, medicine, drug, or means is 'not an abortion' if done with the intent to 'remove a dead fetus caused by spontaneous abortion' or 'remove an ectopic pregnancy.' This is a definitional carve-out, not an exception to a prohibition — it means these procedures are simply not 'abortions' under New Hampshire law and are thus entirely outside the scope of the Fetal Life Protection Act. Neither the 24-week ban, the ultrasound requirement, nor the reporting obligations apply.
Verified at source · high confidence · N.H. Rev. Stat. § 329:43(I)(b)-(c), subsection I(a)-(c), New Hampshire General Court
§ 7 Methods
Procedural / surgical
Legal to 24 weeks; D&X banned
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.
Full analysis
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.
Legal analysis
The Fetal Life Protection Act governs all abortion methods equally — it prohibits any abortion, procedural or medication, at or after 24 weeks. Separately, New Hampshire has a standalone Partial-Birth Abortion Ban Act (RSA 329:33-329:40), effective January 1, 2013, which prohibits 'partial-birth abortion' as defined in RSA 329:33(III) — the deliberate vaginal delivery of a living fetus until the head (head-first presentation) or trunk past the navel (breech) is outside the mother's body, followed by an overt act that kills the partially delivered fetus. The partial-birth ban applies regardless of gestational age. It permits the procedure only when a physician has a documented referral from a non-affiliated physician and both determine the mother's life is endangered (RSA 329:34(II)). Criminal penalty under RSA 329:36 is a fine of $10,000-$100,000 and imprisonment of 1-10 years. New Hampshire has NO separate ban on standard dilation and evacuation (D&E) — the 'dismemberment' ban enacted in other states.
Verified at source · high confidence · N.H. Rev. Stat. § 329:34(I), subsection I, New Hampshire General Court · N.H. Rev. Stat. § 329:33(III), subsection III(a)-(b), New Hampshire General Court
Medication abortion
Legal to 24 weeks; telehealth available
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.
Full analysis
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.
Legal analysis
New Hampshire has no statute that treats medication abortion differently from procedural abortion. The Fetal Life Protection Act's definition of 'abortion' in RSA 329:43(I) covers 'using or prescribing any instrument, medicine, drug, or any other substance, device, or means' — medication is included, not singled out. There is no requirement that mifepristone or misoprostol be dispensed in person or administered in a clinical setting. New Hampshire has enacted no restriction on mailing abortion medication into or within the state. Telehealth prescribing operates under general New Hampshire telemedicine law (RSA 329:1-d), which does not exclude abortion. Federal law provides the floor: the FDA has authorized mifepristone for dispensing by certified pharmacies and through telehealth without in-person visits, and the Comstock Act has not been invoked in this jurisdiction to block mailing.
Verified at source · high confidence · N.H. Rev. Stat. § 329:43(I), subsection I, New Hampshire General Court · Abortion Defense Network, Know Your State's Abortion Laws: New Hampshire (April 2025), page 1, Abortion Defense Network / Lawyering Project
Self-managed abortion
Not criminalized; no prosecution risk
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.
Full analysis
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.
Legal analysis
RSA 329:46 criminalizes violations of the Fetal Life Protection Act only by a 'health care provider.' The pregnant woman is not within the class of actors the statute reaches. Separately, RSA 630:1-a(V)(a)(1) — the fetal homicide provision — expressly excludes '[a]ny act committed by the pregnant woman.' RSA 329:40 excludes a woman from prosecution for conspiracy to violate the partial-birth abortion ban. No statute in New Hampshire specifically criminalizes self-managed abortion. A pregnant woman who self-manages with medication obtained legally (whether in-state, out-of-state, or by mail) faces no criminal exposure under the abortion or homicide codes. General drug laws (RSA chapter 318-B) do not regulate mifepristone or misoprostol differently from other prescription medications lawfully obtained. The practical enforcement gap is significant — there is no mechanism in New Hampshire law to reach the pregnant woman herself for terminating her own pregnancy.
Verified at source · high confidence · N.H. Rev. Stat. § 630:1-a(V)(a)(1), subsection V(a)(1)-(4), Justia · N.H. Rev. Stat. § 329:40, sole section, New Hampshire General Court
§ 8 Actors: exposure, person by person
Who may perform an abortion
Any health care provider
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.
Full analysis
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.
Legal analysis
RSA 329:43(VII) defines 'health care provider' as 'any person who provides health care services. The term includes but is not limited to medical doctors, doctors of osteopathy, nurses, or any employee of a medical facility.' This broad definition applies to the Fetal Life Protection Act's prohibition and criminal penalties. The partial-birth abortion ban, however, uses 'physician' in its exception (RSA 329:34(II)), defined as 'a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state' (RSA 329:33(IV)). New Hampshire has no TRAP law imposing ambulatory-surgical-center physical-plant requirements on abortion clinics, and no statute requiring abortion providers to hold hospital admitting privileges.
Verified at source · high confidence · N.H. Rev. Stat. § 329:43(VII), subsection VII, New Hampshire General Court
The pregnant woman
Expressly exempt; no criminal exposure
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.
Full analysis
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.
Legal analysis
The pregnant woman is shielded by multiple statutory provisions. RSA 630:1-a(V)(a)(1) excludes '[a]ny act committed by the pregnant woman' from the fetal-homicide provisions. RSA 630:1-a(V)(a)(2) further excludes '[a]ny act committed at the request or direction of the pregnant woman or for the benefit of the pregnant woman.' RSA 329:40 exempts a woman from prosecution for conspiracy to violate the partial-birth abortion ban. The Fetal Life Protection Act's criminal provision (RSA 329:46) applies only to 'health care providers' who perform or induce abortions. No other New Hampshire statute expressly criminalizes the pregnant woman's conduct in obtaining or self-managing an abortion. This is a consistent legislative choice: the woman is treated as a patient, not as a criminal actor, across the abortion code.
Verified at source · high confidence · N.H. Rev. Stat. § 630:1-a(V)(a)(1)-(2), subsection V(a)(1)-(2), Justia · N.H. Rev. Stat. § 329:40, sole section, New Hampshire General Court
The physician
Class B felony; 1-7 years plus fine
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.
Full analysis
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.
Legal analysis
RSA 329:46 imposes Class B felony liability on '[a]ny health care provider who knowingly performs or induces an abortion in violation of this subdivision and knows that the fetus has a gestational age of at least 24 weeks, or consciously disregards a substantial risk that the fetus has a gestational age of at least 24 weeks,' plus a fine of $10,000-$100,000. Under RSA 625:9(III)(a)(2), a Class B felony carries a sentence of 1 to 7 years. RSA 329:47 permits civil actions by the woman, the father (if married to the mother), and maternal grandparents of a minor — for monetary damages for 'psychological and physical injuries.' RSA 329:48 permits the provider to seek a pre-trial Board of Medicine hearing on whether the conduct fell within the medical-emergency exception. The Board of Medicine has independent disciplinary authority over physicians, including license suspension or revocation. For the partial-birth abortion ban, RSA 329:36(II) imposes a fine of $10,000-$100,000 and imprisonment of 1-10 years.
Verified at source · high confidence · N.H. Rev. Stat. § 329:46, sole section, New Hampshire General Court · N.H. Rev. Stat. § 329:47, subsections I-II, New Hampshire General Court
Prescribers & pharmacists
Covered by broad provider definition
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.
Full analysis
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.
Legal analysis
RSA 329:43(VII) defines 'health care provider' to include 'any person who provides health care services,' specifically naming 'medical doctors, doctors of osteopathy, nurses, or any employee of a medical facility.' This definition encompasses APRNs, physician assistants, and pharmacists who dispense medication for abortion. RSA 329:46 applies to '[a]ny health care provider,' not just physicians. However, for the partial-birth abortion ban (RSA 329:34), the performing actor must be a 'physician' under the exception, meaning non-physicians can never lawfully perform a partial-birth procedure even in life-saving circumstances. The reporting requirements for the 24-week ban also apply to any 'health care provider.' Filling an out-of-state prescription for mifepristone/misoprostol is not separately regulated — New Hampshire has no law targeting such conduct.
Verified at source · high confidence · N.H. Rev. Stat. § 329:43(VII), subsection VII, New Hampshire General Court
Nurses & clinic staff
Exposed as 'health care providers'
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.
Full analysis
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.
Legal analysis
RSA 329:43(VII) extends the 'health care provider' definition to 'any employee of a medical facility.' RSA 329:46 criminalizes any health care provider who 'knowingly performs or induces an abortion in violation of this subdivision.' A nurse or staff member who knowingly participates in a post-24-week abortion when aware of the gestational age could be charged under the statute. Additionally, New Hampshire's general accomplice-liability statute (RSA 626:8) would attach liability for 'aiding' or 'soliciting' the commission of the offense. The fetal-homicide exclusion in RSA 630:1-a(V)(a)(3) for acts 'performed by a physician or other medical professional in the course of such physician's or medical professional's professional duties' would NOT cover conduct outside the scope of lawful medical practice, including an unlawful post-24-week abortion.
Verified at source · high confidence · N.H. Rev. Stat. § 329:43(VII), subsection VII, New Hampshire General Court · N.H. Rev. Stat. § 626:8, subsection I, New Hampshire General Court (referenced as background law)
Editor’s note The accomplice-liability analysis is theoretical — no reported New Hampshire case has applied accomplice liability to abortion-clinic staff for a violation of the 24-week ban.
Other helpers
No general aiding crime; minor-travel bill pending
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.
Full analysis
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.
Legal analysis
New Hampshire's abortion code does not contain a standalone 'aiding and abetting abortion' offense. The Fetal Life Protection Act's criminal provision (RSA 329:46) reaches only those who 'perform[] or induce[]' an abortion. General accomplice liability under RSA 626:8 could theoretically extend to someone who knowingly aids an unlawful abortion (i.e., one violating the 24-week ban), but there are no reported cases applying this to third-party helpers. For lawful abortions, there is no criminal exposure. However, HB 191 (2025), which passed the House in March 2025 (180-164) and is in conference committee, would create criminal penalties for 'transporting an unemancipated minor in order to obtain a surgical procedure or a termination of pregnancy without parental consent.' As of this writing, it has not been enacted. No employer-reimbursement restriction exists in New Hampshire.
Verify before publication · medium confidence · HB 191 (2025), bill summary, New Hampshire General Court / LegiScan
Editor’s note HB 191 is in conference committee. An editor should verify final disposition before publication. General helper exposure for lawful abortions is nil; for unlawful abortions, accomplice liability is legally possible but untested in reported cases.
§ 9 Aiding & assisting
Helping someone travel
Legal for adults; minor-travel bill pending
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.
Full analysis
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.
Legal analysis
New Hampshire has no statute criminalizing travel assistance for lawful abortion care. No 'abortion trafficking' statute (as enacted in Idaho, Tennessee, and Texas) exists. The state has not criminalized crossing state lines to obtain or facilitate abortion care. HB 191, which would establish criminal and civil penalties for transporting an unemancipated minor to obtain a 'surgical procedure' or abortion without notarized parental consent, passed the House of Representatives on March 27, 2025, by a vote of 180-164, but the Senate has not concurred and the bill is in a conference committee. No city or town in New Hampshire has enacted an ordinance criminalizing abortion travel assistance.
Verify before publication · high confidence · HB 191 (2025), article body, New Hampshire Bulletin / LegiScan
Editor’s note HB 191 is in conference committee; re-check its status before publication.
Paying for an abortion
No funding prohibition in effect
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.
Full analysis
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.
Legal analysis
New Hampshire has not enacted any law that criminalizes or creates civil liability for funding an abortion. Unlike Texas (SB 8) or Idaho (abortion-trafficking statute), New Hampshire imposes no penalties on those who pay for, reimburse, or donate toward abortion care. The civil-remedies provision in RSA 329:47 covers only the provider of an unlawful abortion, not those who fund it. Employer health plans may cover abortion subject to general insurance law; New Hampshire imposes no restriction on employer-funded travel benefits for abortion care.
Verified at source · high confidence · N.H. Rev. Stat. § 329:47 (negative implication), subsection I, New Hampshire General Court
Mailing abortion medication
No mailing prohibition
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.
Full analysis
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.
Legal analysis
New Hampshire has not enacted a prohibition on mailing abortion-inducing drugs. No state analogue to the federal Comstock Act exists. FDA regulations currently permit certified pharmacies to dispense mifepristone by mail, and New Hampshire has not opted to restrict this under state pharmacy or medical-practice law. The federal Comstock Act (18 U.S.C. §§ 1461-1462) remains on the books but has not been enforced against abortion medication mailing in this jurisdiction. No New Hampshire attorney general opinion has opined that mailing abortion pills violates state law.
No law on this point · high confidence
Editor’s note No New Hampshire statute prohibits mailing abortion medication; this absence is the finding. A citation to a nonexistent prohibition is not applicable.
Providing information
Protected speech; no liability
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.
Full analysis
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.
Legal analysis
No New Hampshire statute criminalizes the provision of information, counseling, or referrals for lawful abortion care. Speech about abortion — including referrals to out-of-state providers — is not targeted by any existing state law. First Amendment principles are well-settled: under Bigelow v. Virginia, 421 U.S. 809 (1975), states cannot prohibit truthful advertising or dissemination of information about lawful abortion services. New Hampshire has not enacted a law similar to Texas's SB 8 aider-or-abettor provision that reaches speech. HB 191, as introduced, contained language that could have reached 'hiding the fact that a minor is receiving an abortion,' but the version that passed the House was narrowed.
Semi-verified · high confidence · Bigelow v. Virginia, 421 U.S. 809 (1975), Justia
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Private civil enforcement (bounty suits)
No civil bounty law
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.
Full analysis
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.
Legal analysis
RSA 329:47 creates a civil cause of action, but it is structurally different from Texas's SB 8. First, standing is limited to three specific categories: the woman, the father (if married to the mother), and the maternal grandparents (if the mother is a minor). The statute excludes plaintiffs whose conduct caused the pregnancy (e.g., rapists). Second, the defendant must be the provider who violated the 24-week ban — it does not reach third parties who aided, funded, or facilitated. Third, damages are limited to 'psychological and physical injuries,' not statutory minimums like SB 8's $10,000. The provision does not authorize injunctive relief or attorney's fees for prevailing plaintiffs. No comparable provision exists for the partial-birth abortion ban beyond RSA 329:37 (similar standing with damages equal to three times the cost of the abortion).
Verified at source · high confidence · N.H. Rev. Stat. § 329:47, subsection I, New Hampshire General Court
§ 10 Procedural requirements
Waiting period
No waiting period for adults
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.
Full analysis
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.
Legal analysis
New Hampshire has no statute imposing a mandatory delay between state-scripted counseling and the abortion procedure for adults. A 24-hour waiting-period bill (HB 562) was introduced but not enacted. For minors, RSA 132:33(I) requires that no abortion be performed on an unemancipated minor 'until at least 48 hours after written notice of the pending abortion has been delivered' to a parent or guardian. This operates as a practical 48-hour waiting period for minors. The delay can be waived by a judge under RSA 132:34(II) (judicial bypass) or by certification of a medical emergency (RSA 132:34(I)(a)).
Verified at source · high confidence · N.H. Rev. Stat. § 132:33(I), subsection I, New Hampshire General Court
Mandatory counseling
No scripted counseling
New Hampshire does not require state-scripted counseling or distribution of state-produced materials before an abortion; general informed-consent principles apply.
Full analysis
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.
Legal analysis
No New Hampshire statute mandates state-scripted counseling, distribution of state-authored materials, or provision of specified information about fetal development, abortion alternatives, or paternal child-support obligations. The state has not enacted a 'Women's Right to Know' or similar informed-consent statute specific to abortion. General medical informed-consent requirements under common law and professional standards apply, but these are not state-scripted.
No law on this point · high confidence
Editor’s note The absence of a statute is the finding. No New Hampshire law mandates state-scripted abortion counseling.
Ultrasound requirement
Ultrasound only if 24-week risk
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.
Full analysis
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.
Legal analysis
RSA 329:44(I), as amended by 2022 N.H. Laws ch. 86:1 (HB 1673), requires the health care provider to 'conduct an obstetric ultrasound examination of the patient for the purpose of making the determination' of gestational age. However, the final sentence of paragraph I provides: 'This paragraph shall be construed to require the performance of an ultrasound only if the provider either knows that the fetus has a gestational age of at least 24 weeks or is conscious of a substantial risk that the fetus has a gestational age of at least 24 weeks.' This is a significant narrowing from the original 2021 text, which imposed a blanket ultrasound mandate. There is no requirement to display the ultrasound image to the patient or to describe it. There is no requirement to offer the patient an opportunity to view the image. There is no auscultation requirement for fetal heartbeat.
Verified at source · high confidence · N.H. Rev. Stat. § 329:44(I), paragraph I (final sentence), New Hampshire General Court
In-person visits
Zero legally compelled visits
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.
Full analysis
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.
Legal analysis
The absence of a mandatory waiting period for adults, the absence of state-scripted counseling, the permissive ultrasound requirement, and the availability of telehealth collectively mean zero legally compelled in-person visits. Medication abortion can be prescribed via telehealth and dispensed by mail, requiring no in-person visit at all. Procedural abortion can be completed in a single clinic visit. Minors may need a separate court visit for judicial bypass if they seek waiver of parental notification, but that is not a legally compelled visit to the abortion provider.
No law on this point · high confidence
Editor’s note The finding is that no New Hampshire law compels multiple in-person visits. This is derived from the absence of waiting periods, scripted counseling, and in-person dispensing requirements.
§ 11 Minors
Parental involvement
48-hour parental notification
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.
Full analysis
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.
Legal analysis
The Parental Notification Prior to Abortion Act (RSA 132:32-132:36), effective January 1, 2012, requires that no abortion be performed on an unemancipated minor (defined as under 18, RSA 132:32(VI)) or on a female for whom a guardian or conservator has been appointed, until 48 hours after written notice is delivered to one parent (defined as one parent if living, RSA 132:32(VII)). Notice must be delivered personally by the physician or an agent, or by certified mail with restricted delivery (RSA 132:33(II)-(III)). The notice requirement does not apply if a medical emergency exists (RSA 132:34(I)(a)) or if the parent certifies they were notified (RSA 132:34(I)(b)). This is a notification statute, not a consent statute — the parent cannot veto the abortion. The law was challenged in Ayotte v. Planned Parenthood of Northern New England, 546 U.S. 320 (2006), where the Supreme Court held that the law, as then written without a health exception, was unconstitutional as applied to medical emergencies; the current version includes a medical-emergency carve-out.
Verified at source · high confidence · N.H. Rev. Stat. § 132:33(I), subsection I, New Hampshire General Court · Ayotte v. Planned Parenthood of Northern New England, 546 U.S. 320 (2006), slip op. at 1-2, Justia / Supreme Court
Judicial bypass
Bypass available; 2-day ruling
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.
Full analysis
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.
Legal analysis
RSA 132:34(II) provides a comprehensive judicial bypass. A minor may petition any superior court judge and an 'appropriate hearing' must be held. The judge first assesses whether the minor 'is mature and capable of giving informed consent to the proposed abortion.' If the judge finds maturity, the waiver must issue. If the minor is not mature, the judge then determines 'whether the performance of an abortion upon her without notification of her parent, guardian, or conservator would be in her best interests.' The minor may participate on her own behalf; the court may appoint a guardian ad litem; the minor has the right to court-appointed counsel. Proceedings are in closed court, confidential, and sealed; the minor may use a pseudonym. The court must rule within 2 court business days; if it does not and no extension was requested, the petition is 'deemed to have been granted.' An expedited confidential appeal is available, also within 2 court business days. The trial court and appellate courts must be accessible 24/7. The Supreme Court has adopted rules to govern these proceedings per RSA 132:34(II)(d).
Verified at source · high confidence · N.H. Rev. Stat. § 132:34(II), subsection II, New Hampshire General Court
§ 12 Paternal & spousal rights
Consent & notice laws on the books
No spousal consent or notice law
New Hampshire has no statute requiring a husband's consent or notice before a married woman may obtain an abortion.
Full analysis
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.
Legal analysis
No New Hampshire statute imposes a spousal-consent or spousal-notification requirement. The state never enacted a spousal-involvement law, and any such law would be unconstitutional under Planned Parenthood v. Danforth, 428 U.S. 52 (1976) (striking down Missouri's spousal-consent requirement), a holding that Dobbs did not expressly overrule. However, RSA 329:47 gives the father, if married to the mother at the time, standing to sue the provider civilly for an unlawful abortion — this is a post-hoc civil remedy, not a consent requirement.
No law on this point · high confidence
Editor’s note No spousal-consent or -notice statute exists on the books.
Enforceability after Danforth and Dobbs
Any spousal law would be void
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.
Full analysis
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.
Legal analysis
Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 67-72 (1976), held that a spousal-consent requirement is unconstitutional because 'the State cannot delegate to a spouse a veto power which the state itself is absolutely and totally prohibited from exercising during the first trimester of pregnancy.' Planned Parenthood v. Casey, 505 U.S. 833, 887-898 (1992), reaffirmed the unconstitutionality of spousal-notification requirements under the undue-burden standard. Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), overruled Roe and Casey but did not specifically address Danforth's spousal-consent holding. The continuing validity of Danforth after Dobbs is unsettled: the Court eliminated the underlying constitutional right, but Danforth's reasoning was grounded both in the abortion right and in broader principles of spousal equality and decisional autonomy. No New Hampshire court has reached this question.
Semi-verified · medium confidence · Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976), slip op. at 69-70, Justia
Editor’s note Confidence is 'medium' because Dobbs arguably unsettles Danforth's foundation; the New Hampshire Supreme Court has never addressed this question. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Other paternal rights
Husband may sue provider civilly
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.
Full analysis
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.
Legal analysis
RSA 329:47(I) grants standing to 'the father of the fetus if married to the mother at the time she receives an abortion in violation of this subdivision' to seek civil damages. RSA 329:37(I) provides parallel standing for the father (if married) for violations of the partial-birth abortion ban, with damages equal to three times the cost of the abortion plus psychological and physical injuries. These are post-hoc damages claims against providers of unlawful abortions only. New Hampshire law does not authorize a father or husband to seek an injunction to prevent a lawful abortion. No 'putative father registry' statute affects abortion decisions. New Hampshire's fetal-homicide statute (RSA 630:1-a) grants no paternal enforcement rights.
Verified at source · high confidence · N.H. Rev. Stat. § 329:47(I), subsection I, New Hampshire General Court
§ 13 Fetal personhood
Fetal homicide law
Fetal homicide from 20 weeks
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.
Full analysis
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.'
Legal analysis
RSA 630:1-a(IV) provides: 'For the purposes of this section and RSA 630:1-b, RSA 630:2, RSA 630:3, and RSA 630:4, the meaning of "another" shall include a fetus as defined in paragraph V.' This covers first-degree murder, second-degree murder, manslaughter, and negligent homicide. RSA 630:1-a(V)(b)(1) defines 'fetus' as '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 the twentieth week after implantation, until birth.' RSA 630:1-a(V)(a) then provides four comprehensive exclusions: (1) acts by the pregnant woman, (2) acts committed at her request or for her benefit, (3) acts by a physician or medical professional in the course of professional duties including pregnancy termination, and (4) lawful dispensation or administration of medication. RSA 630:1(IV) (capital murder) expressly excludes a fetus: 'As used in this section, the meaning of "another" shall not include a fetus.' The law therefore creates a hierarchy: a third-party killing of a fetus of 20+ weeks is homicide except capital murder, but no abortion act — lawful or unlawful — can be charged as homicide.
Verified at source · high confidence · N.H. Rev. Stat. § 630:1-a(IV)-(V), paragraphs IV-V(a), Justia · N.H. Rev. Stat. § 630:1(IV), paragraph IV, Justia
Wrongful death
Viable fetus only; Wallace rule
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).
Full analysis
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.
Legal analysis
In Poliquin v. MacDonald, 101 N.H. 104, 135 A.2d 249 (1957), the New Hampshire Supreme Court held that a wrongful-death action under RSA 556:12 lies on behalf of a viable fetus that is stillborn as a result of another's negligence. In Wallace v. Wallace, 120 N.H. 675 (1980), the same court declined to extend the rule to nonviable fetuses, holding that 'no independent cause of action for wrongful death lies on behalf of a nonviable fetus that never achieves live birth.' The court relied in part on the viability line drawn in Roe v. Wade, noting 'it would be incongruous for a mother to have a federal constitutional right to deliberately destroy a nonviable fetus ... and at the same time for a third person to be subject to liability to the fetus for his unintended but merely negligent acts.' Whether Wallace survives Dobbs has not been litigated. Dobbs eliminated the federal abortion right that Wallace cited as a rationale, potentially undermining the viability distinction in the wrongful-death context. However, no New Hampshire court or legislature has revisited the question.
Verified at source · medium confidence · Wallace v. Wallace, 120 N.H. 675 (1980), 120 N.H. at 679, Justia · Poliquin v. MacDonald, 101 N.H. 104, 135 A.2d 249 (1957), quoting Poliquin, 101 N.H. at 107, Justia (referenced in Wallace)
Editor’s note Wallace explicitly cited Roe v. Wade as support for the viability line; Dobbs's elimination of the federal abortion right arguably undermines Wallace's rationale, but no court has revisited the question. An editor should flag this as legally uncertain post-Dobbs.
Personhood definitions
Fetus defined at 20 weeks post-conception
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.
Full analysis
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.
Legal analysis
RSA 630:1-a(V)(b)(1) defines 'fetus' as '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 the twentieth week after implantation, until birth.' RSA 329:43(XI) uses identical language. Neither the New Hampshire Constitution nor any statute defines 'person,' 'human being,' or 'child' to include a fetus or embryo at all stages of development for all legal purposes. The fetal-homicide definition applies only within the homicide chapter (RSA 630). The abortion chapter's definition applies only within the Fetal Life Protection Act (RSA 329:43-329:49). New Hampshire voters rejected a broader personhood approach; the state has not enacted a 'Life Begins at Conception Act' or similar all-purpose fetal-personhood measure.
Verified at source · high confidence · N.H. Rev. Stat. § 630:1-a(V)(b)(1), subsection V(b)(1), Justia · N.H. Rev. Stat. § 329:43(XI), subsection XI, New Hampshire General Court
Internal contradictions
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.
§ 14 Telehealth & interstate questions
Telehealth prescribing
Telehealth permitted; no restriction
New Hampshire imposes no restriction on telehealth prescribing of abortion medication; patients may receive mifepristone/misoprostol via telemedicine consultation and mail-order dispensing.
Full analysis
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.
Legal analysis
New Hampshire's general telemedicine statute (RSA 329:1-d) permits physicians and other licensed providers to deliver care via telemedicine without requiring an in-person examination to establish a provider-patient relationship. The statute does not exclude abortion care. No New Hampshire law requires that mifepristone be dispensed in person, administered in a clinical setting, or prescribed only after a physical examination. The state has not enacted any restriction on telehealth for medication abortion comparable to those in states that mandate in-person dispensing. FDA regulations currently permit certified pharmacies to mail mifepristone, and New Hampshire has not opted out of or restricted this pathway under state law.
Semi-verified · high confidence · N.H. Rev. Stat. § 329:1-d, subsection I, New Hampshire General Court (general telemedicine law)
Editor’s note Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
Out-of-state travel
Travel is lawful; no extraterritorial reach
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.
Full analysis
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.
Legal analysis
New Hampshire has enacted no law with extraterritorial application to abortion. The Fetal Life Protection Act applies to acts performed or induced within New Hampshire by health care providers. It does not purport to regulate or criminalize the conduct of New Hampshire residents who travel to other jurisdictions where abortion is lawful. No 'abortion trafficking' statute (as exists in Idaho, Tennessee, and Texas) has been enacted. HB 191, which would criminalize transporting a minor to another state for an abortion without notarized parental consent, passed the House but has not become law. Even if enacted, its application to interstate travel would raise significant constitutional questions under the dormant Commerce Clause, the constitutional right to travel (Saenz v. Roe, 526 U.S. 489 (1999)), and potential preemption under the Supremacy Clause.
No law on this point · high confidence
Editor’s note The absence of a travel prohibition is the finding. HB 191 is not yet law and should be flagged as a pending change.
Shield & hostile laws
No shield law; no hostile cross-border law
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.
Full analysis
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.
Legal analysis
New Hampshire has enacted neither a shield law (protecting providers and patients from out-of-state subpoenas, extradition, license actions, and civil or criminal proceedings related to lawful in-state abortion care) nor a hostile cross-border law (criminalizing or creating civil liability for abortion-related conduct in other states). SB 551 (2026), which would have provided shield-law protections, was voted 'Inexpedient to Legislate' by the New Hampshire Senate on March 5, 2026. This leaves New Hampshire as the only New England state without a shield law. The state does not prohibit compliance with out-of-state subpoenas or extradition requests related to abortion. Federal protections exist under the HIPAA Privacy Rule (45 C.F.R. § 164.502), which as of June 25, 2024, prohibits the use or disclosure of protected health information for investigations into lawful reproductive health care — but this is a federal rule, not a state shield.
Semi-verified · high confidence · SB 551 (2026) — defeated, press release body, Planned Parenthood New Hampshire Action Fund / WBUR
Editor’s note Re-check the status of any shield-law legislation in the 2026-2027 session before publication. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.
§ 15 Funding & insurance
Medicaid
Hyde Amendment only
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.
Full analysis
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.
Legal analysis
New Hampshire follows the federal Hyde Amendment restrictions and does not provide state-only Medicaid funding for abortion beyond the federally mandated categories of life endangerment, rape, and incest. No New Hampshire statute expressly prohibits broader Medicaid coverage, but the state's Medicaid plan has not been expanded to include abortion coverage. There is no court order requiring New Hampshire to fund abortion beyond Hyde. The state's position is consistent with the majority of states that do not affirmatively fund abortion through Medicaid. New Hampshire's Medicaid program is administered by the Department of Health and Human Services under RSA chapter 126-A.
Verify before publication · high confidence · Guttmacher Institute — State Funding of Abortion Under Medicaid, state profile, Guttmacher Institute · National Health Law Program, Abortion Coverage Under Medicaid (2025), Appendix state table, National Health Law Program
Editor’s note Secondary sources confirm Hyde-only coverage. No primary state statute expressly addresses Medicaid abortion coverage beyond Hyde; confirm with NH DHHS administrative rules.
Private insurance
No mandate; no restriction
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.
Full analysis
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.
Legal analysis
New Hampshire has not enacted a statute mandating private insurance coverage of abortion. HB 685 (the Reproductive Health Parity Act), which would require commercial insurance plans — including ACA marketplace plans — to cover abortion if they also cover maternity benefits, has been introduced in multiple sessions, most recently in the 2025-2026 cycle. As of this writing, it has not been enacted. Conversely, New Hampshire has not enacted a ban on private insurance coverage of abortion (as exists in states such as Idaho, Kentucky, and Missouri). Insurers may offer coverage for abortion as part of their standard benefit packages or through optional riders. The absence of regulation means the market determines availability.
Verify before publication · high confidence · Planned Parenthood NH Action Fund — Reproductive Health Parity Act, issue page, Planned Parenthood New Hampshire Action Fund
Editor’s note An editor should verify whether HB 685 has been enacted since the research date.
ACA exchange plans
ACA plans: no state restriction
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.
Full analysis
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.
Legal analysis
New Hampshire uses a federally facilitated marketplace (FFM). The ACA allows states to opt out of abortion coverage in marketplace plans (26 states have done so), but New Hampshire has not opted out. Absent a state opt-out, marketplace plans in New Hampshire may cover abortion but are not required to do so. The ACA requires plans that cover abortion to segregate premium payments for abortion coverage from other coverage and to provide notice to enrollees (45 C.F.R. § 156.280). New Hampshire imposes no additional state-level restriction on marketplace plan abortion coverage.
No law on this point · high confidence
Editor’s note The absence of a state opt-out or state-imposed restriction is the finding. ACA marketplaces are federally regulated; state non-action preserves permissive coverage.
State funding of providers
No defunding statute; neutral posture
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.
Full analysis
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.
Legal analysis
No New Hampshire statute prohibits state funds from flowing to entities that provide abortion care. The state has not enacted a 'defunding' law targeting Planned Parenthood or other abortion providers for participation in Medicaid, state family-planning programs, or other grant-funded programs. There is no equivalent to the Texas 'Alternatives to Abortion' program that affirmatively funds crisis pregnancy centers at the expense of abortion providers. Conversely, there is no statute appropriating state funds to support abortion providers or to offset lost federal funding.
No law on this point · high confidence
Editor’s note The absence of a defunding statute distinguishes New Hampshire from states that have enacted such laws. Federal defunding efforts (e.g., through the congressional reconciliation process) affect funding streams independently of state law.
§ 16 Penalties, actor by actor
| Actor | Offense | Penalty |
|---|---|---|
| Physician or other health care provider — 24-week ban violation Verified at source |
Knowingly performing or inducing an abortion at or after 24 weeks gestational age in violation of RSA 329:44 N.H. Rev. Stat. § 329:46, sole section, New Hampshire General Court · N.H. Rev. Stat. § 329:47, subsection II, New Hampshire General Court |
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 Semi-verified |
Intentionally or knowingly performing a partial-birth abortion in violation of RSA 329:34 N.H. Rev. Stat. § 329:36(II), subsection II, New Hampshire General Court · N.H. Rev. Stat. § 329:37, subsection I, Justia |
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) Verified at source |
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) N.H. Rev. Stat. § 630:1-a(V)(a)(1), subsection V(a)(1), Justia · N.H. Rev. Stat. § 329:40, sole section, New Hampshire General Court |
None |
| Non-physician health care provider (APRN, PA, nurse, pharmacist) — 24-week ban violation Verified at source |
Same as physician: knowingly performing or inducing an abortion at or after 24 weeks N.H. Rev. Stat. § 329:46, sole section, New Hampshire General Court |
Class B felony: 1-7 years imprisonment; fine of $10,000-$100,000; professional license discipline; civil damages |
§ 17 Since Dobbs: what changed
- June 25, 2021
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.
2021 N.H. Laws ch. 91:39, source note, New Hampshire General Court
- January 1, 2022
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.
N.H. Rev. Stat. § 329:44 (original text before 2022 amendments), source note, New Hampshire General Court
- May 20, 2022
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.
2022 N.H. Laws ch. 86:1, source note, New Hampshire General Court
- May 27, 2022
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.'
2022 N.H. Laws ch. 119:1, source note, New Hampshire General Court
- June 24, 2022
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.
Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), slip op. at 1, U.S. Supreme Court
- February 1, 2024
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.
New Hampshire Bulletin, 'House defeats 15-day abortion ban, constitutional right to abortion', article body, New Hampshire Bulletin
- March 27, 2025
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.
New Hampshire Bulletin, 'NH House votes to criminalize helping minors receive abortions', article body, New Hampshire Bulletin
- July 1, 2025
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).
N.H. Rev. Stat. § 329:49-a (effective date), bill summary, New Hampshire General Court / LegiScan
- March 4, 2026
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.
Valley News, 'NH House committee votes down pair of abortion measures', article body, Valley News / Newspapers of New England
- March 5, 2026
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.
Planned Parenthood NH Action Fund press release, press release body, Planned Parenthood New Hampshire Action Fund
§ 18 Pending changes
HB 191 (2025-2026) Legislation
Status. 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, and abortion funds to criminal and civil penalties for assisting minor travel — both in-state and out-of-state.
HB 191 bill text and status, bill summary, New Hampshire General Court / LegiScan
HB 685 (Reproductive Health Parity Act) Legislation
Status. 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.
Planned Parenthood NH Action Fund — Reproductive Health Parity Act page, issue page, Planned Parenthood New Hampshire Action Fund
HB 1313 (2026) Legislation
Status. 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. No clinic has established a buffer zone to date, but the law provides the option.
NH House bill to repeal buffer zone law, article body, WMUR / WBUR
SB 36 / HB 712 / RSA 329:49-a (abortion statistics reporting) Legislation
Status. 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, residency, method, and gestational age. Raises privacy and surveillance concerns.
N.H. Rev. Stat. § 329:49-a (effective January 1, 2027; further delayed), bill summary, New Hampshire General Court / LegiScan
No active litigation challenging the Fetal Life Protection Act 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.
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.