2013 New Hampshire Revised Statutes
Chapter 168-B - SURROGACY
Section 168-B:1 - Definitions.

NH Rev Stat § 168-B:1 (2013) What's This?

    168-B:1 Definitions. – In this chapter:
    I. "Artificial insemination'' means the introduction of semen into a woman's vagina, cervical canal or uterus through extracorporeal or noncoital means.
    II. "Birth mother'' means a woman who gestates an embryo conceived by natural or artificial insemination, in vitro fertilization, preembryo transfer or as a result of a surrogacy contract.
    III. "Donor'' means an individual who contributes for the purpose of artificial insemination, in vitro fertilization, or implantation in another, or a woman who contributes a preembryo.
    IV. "Gamete'' means the ovum (egg) or the spermatozoa (sperm).
    V. "Health care provider'' means a person who is duly licensed, certified or otherwise authorized to administer health care in the ordinary course of business or practice of a profession.
    VI. "Informed consent'' occurs when a competent person, while exercising care for his or her own welfare, makes a voluntary decision about whether or not to participate in a proposed medical procedure or contractual arrangement that is based on a full awareness of the relevant facts. The relevant facts include:
       (a) The medical and psychological risks;
       (b) The legal, financial and contractual rights and obligations; and
       (c) The available alternatives, including the alternative of not participating in any procedure or arrangement and each alternative's attendant risks and obligations.
    VII. "Intended parents,'' including "intended father'' and "intended mother,'' means persons who are married to each other, and who, complying with the requirements of this chapter, enter into a surrogacy contract with a surrogate by which they are to become the parents of the resulting child.
    VIII. "In vitro fertilization'' means all medical and laboratory procedures that are necessary to effectuate the extracorporeal combining of gametes to allow fertilization to occur.
    IX. "Person'' means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
    X. "Preembryo'' means the cell mass that results from fertilization of an ovum prior to implantation.
    XI. "Preembryo transfer'' means all medical and laboratory procedures that are necessary to effectuate the transfer of a preembryo into the uterine cavity.
    XII. "Surrogacy'' or "surrogacy arrangement'' means any arrangement by which a woman agrees to be impregnated using either the intended father's sperm, the intended mother's egg, or their preembryo with the intent that the intended parents are to become the parents of the resulting child after the child's birth.
    XIII. "Surrogacy contract'' means an agreement that complies with the requirements of RSA 168-B:16-25, providing for a surrogacy arrangement.
    XIV. "Surrogate'' means a woman who agrees, pursuant to a surrogacy contract, to bear a child for intended parents.

Source. 1990, 87:2, eff. Jan. 1, 1991.

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