{"id":374855,"date":"2016-03-31T21:35:56","date_gmt":"2016-04-01T02:35:56","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-hampshire-law\/new-hampshire-abortion-laws.html"},"modified":"2024-03-06T10:39:05","modified_gmt":"2024-03-06T15:39:05","slug":"new-hampshire-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-hampshire-law\/new-hampshire-abortion-laws.html","title":{"rendered":"New Hampshire Abortion Laws"},"content":{"rendered":"\n
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New Hampshire Abortion Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Abortion is legal in New Hampshire until the fetus reaches a gestational age of 24 weeks. Thereafter, abortion is legal only in the case of a medical emergency or a fetal abnormality incompatible with life. A medical emergency occurs when the abortion is necessary to save the life of the pregnant woman or to prevent a serious risk of substantial and irreversible impairment of a major bodily function.<\/p>\r\n

New Hampshire Abortion Law After <\/b>Dobbs<\/i><\/h2>\r\n

In June 2022, the U.S. Supreme Court overruled Roe v. Wade<\/i> in Dobbs v. Jackson Women’s Health Organization<\/i><\/a>, which returned to the states the power to restrict or even prohibit abortion. As a result, state lawmakers have scrambled to either enact abortion bans or codify abortion access.<\/p>\r\n

In some states, efforts have included ballot initiatives to add a constitutional amendment to the state constitution that guarantees reproductive rights, including the right to abortion.<\/p>\r\n

The state legislature in New Hampshire is called the General Court of New Hampshire and consists of a State Senate and a State House. In 2021, Republican legislators inserted a 24-week abortion ban called the Fetal Life Protection Act into the state budget bill, signed into law by Governor Chris Sununu. It took effect on January 1, 2022, before the issuance of the Dobbs<\/i> decision by the Supreme Court.<\/p>\r\n

Initially, the law prohibited abortions at 24 weeks, allowing exceptions only in cases of medical emergency where the life or health of the mother was at serious risk.<\/p>\r\n

The law also required abortion providers to conduct an ultrasound exam on each patient, no matter the patient’s stage in pregnancy. As most abortions occur in the first trimester, this required inserting a camera into the patient’s vagina in most cases and not the exterior ultrasound most recognize.<\/p>\r\n

Bipartisan efforts led to amendments to the abortion law in May 2022. Approved changes included only requiring a health care provider to conduct an ultrasound exam in cases where the pregnancy has reached 24 weeks or more, eliminating the need for the intrusive procedure in most cases.<\/p>\r\n

The state also added an exception to the 24-week abortion ban, allowing for abortion in cases of fetal abnormalities incompatible with life.<\/p>\r\n

Unlike abortion bans in some states, New Hampshire provides no exception for cases of rape or incest. Following the laws of many restrictive states, its penalties only apply to healthcare providers who violate the law.<\/p>\r\n

New Hampshire Abortion Laws: Overview<\/b><\/h2>\r\n

Outside the prohibitions for performing an abortion after 24 weeks, New Hampshire maintains certain other abortion restrictions of note.<\/p>\r\n

New Hampshire had a parental notification law that was the subject of a U.S. Supreme Court challenge in 2006. The law did not provide for a waiver of consent in cases of medical emergency. In Ayotte v. Planned Parenthood of Northern New England<\/i>, a unanimous court upheld the notification law.<\/p>\r\n

The Court found no need to invalidate the entire statute based on the possibility it could be applied unconstitutionally in very rare circumstances. It found the lower court could issue an injunction or declaratory judgment to prevent any wrongful application.<\/p>\r\n

New Hampshire’s current parental notification statute does provide for waiver in cases of medical emergency or a judicial bypass. A minor who does not want to seek consent or provide notice to a parent or guardian can petition the court for such waiver.<\/p>\r\n

The court can grant a waiver of notification if it finds that the minor is mature enough to provide informed consent to the procedure or that although the minor is immature, a waiver is in their best interest.<\/p>\r\n

New Hampshire also prohibits the use of partial-birth abortion with a limited exception in cases where necessary to preserve the life of the pregnant woman.<\/p>\r\n

Efforts last year to further amend the current 24-week abortion ban have failed from both sides of the aisle. Republican members proposed a so-called heartbeat bill that would ban abortion after the fetus reaches six weeks, despite the heart not being formed at that point in development. They also proposed a 15-day ban. Both efforts failed.<\/p>\r\n

Democrats have attempted to add exceptions in the law for cases stemming from rape or incest, also without success. They have failed in attempts to remove penalties for healthcare providers as well.<\/p>\r\n

Neither side has the support necessary in New Hampshire to place these matters on a ballot referendum to let the voters decide.<\/p>\r\n

Granite Staters cannot initiate an amendment to the state constitution on their own. The law requires either the convening of a state constitutional convention or that three-fifths (60%) of state legislators agree to place an amendment on the ballot. Even if that happens, any amendment must be approved by two-thirds (67%) of the voters.<\/p>\r\n

New Hampshire Abortion Statutes<\/h2>\r\n

The following chart contains additional details of abortion laws in New Hampshire, with links to related sources. See FindLaw’s Abortion<\/a> section for additional articles.<\/p>\r\n\r\n

Relevant New Hampshire Abortion Laws<\/p>\r\n<\/th>\r\n

New Hampshire Revised Statutes, Title X, Public Health, Chapter 132, Parental Notification Prior to Abortion, Sections 132:32 to 132:36<\/p>\r\n

When Is Abortion Legal?<\/p>\r\n<\/th>\r\n

Abortion is legal in New Hampshire until the fetus reaches a gestational age of 24 weeks. Thereafter, abortion is legal only in the case of a medical emergency or a fetal abnormality incompatible with life. A medical emergency occurs when the abortion is necessary to save the life of the pregnant woman or to prevent a serious risk of substantial and irreversible impairment of a major bodily function.<\/p>\r\n<\/td>\r\n<\/tr>

Consent Requirements<\/p>\r\n<\/th>\r\n

Adult<\/b>: There are no abortion-specific consent requirements.<\/p>\r\n

Minor<\/b>: Abortion clinics and providers must provide notice to the parent or guardian of an unemancipated minor patient at least 48 hours prior to abortion care or services. A waiver can occur in a medical emergency or through a judicial bypass process.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty for Unlawful Abortion<\/p>\r\n<\/th>\r\n

Unlawful abortion is a Class B felony, punishable by one to seven years in prison, a fine between $10,000 and $100,000, or both. Performing an unlawful partial-birth abortion is also a Class B felony. For a non-physician, it is punishable by one to seven years in prison, a fine of up to $4,000, or both. For a physician, it is punishable by one to 10 years in prison, a fine of $10,000 to $100,000, or both.<\/p>\r\n<\/td>\r\n<\/tr>

Availability of Medication Abortion?<\/p>\r\n<\/th>\r\n

Yes. Medication abortion is available in New Hampshire at this time.<\/p>\r\n<\/td>\r\n<\/tr>

Residency Requirements for Patients<\/p>\r\n<\/th>\r\n

No.<\/p>\r\n<\/td>\r\n<\/tr>

Licensing Requirements<\/p>\r\n<\/th>\r\n

Any healthcare professional performing abortions should be able to verify that performing abortions is consistent and within the scope of their practice and license. Only a physician or abortion provider who is legally authorized by the state to perform abortions can legally perform a partial-birth abortion to save the life of a pregnant patient.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always subject to change at any time through the enactment of newly signed legislation or other means, such as higher court decisions. You should contact a <\/i>New Hampshire healthcare attorney<\/i><\/a> or conduct your own legal research to verify the status of any state law(s) you are reviewing.<\/i><\/p>\r\n

How New Hampshire Compares to Other States<\/h2>\r\n

New Hampshire abortion laws are similar to other New England states such as Massachusetts and Maine. All set limits or place restrictions on abortion after the fetus reaches viability at around 22-24 weeks.<\/p>\r\n

Politically, New Hampshire is more equally divided. To amend the state constitution to either protect reproductive freedom by constitutional right or provide constitutional protections for a fetus would require consensus not present in the legislature at the moment.<\/p>\r\n

A Note About Medication Abortion<\/h2>\r\n

Medication abortion is in common use but has been challenged in the courts. In 2021, the Centers for Disease Control and Prevention (CDC) reported that 53% of abortions<\/a> obtained by women in the U.S. were medication abortions.<\/p>\r\n

Abortion opponents filed a lawsuit<\/a> in a federal court in Texas in 2022, seeking to block the use of the drug mifepristone. The Food and Drug Administration (FDA) approved the use of mifepristone in 2000 as part of a two-drug regimen of abortion pills. The court case questions the initial approval of the drug and later decisions by the FDA related to its prescription and distribution.<\/p>\r\n

After a trial court judge placed an injunction on the drug’s use, a trial judge in a separate district issued a contradictory ruling. The Supreme Court stayed the injunction and lower court rulings, allowing access to the drug while the litigation is pending. A Supreme Court decision is likely in 2024.<\/p>\r\n

Research the Law<\/b><\/h2>\r\n