2015 New Hampshire Revised Statutes
Title XII - PUBLIC SAFETY AND WELFARE
Chapter 168-B - SURROGACY
Section 168-B:2 - Parent-Child Relationship.
168-B:2 Parent-Child Relationship.
I. A person is the parent of a child to whom she has given birth, except as otherwise provided in this chapter and if the pregnancy was established pursuant to a gestational carrier arrangement.
II. A person is the parent of a child conceived via assisted reproduction if the person, except when acting in the capacity of a donor, consents to the performance of assisted reproduction or provides a gamete or gametes or an embryo or embryos for use in the assisted reproduction.
III. A donor is not a parent of a child conceived through assisted reproduction.
IV. If a child is conceived via assisted reproduction after the death of the person referenced in paragraph II, consent to assisted reproduction shall be deemed valid only if the person had consented in writing prior to death that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.
V. Notwithstanding any other provision of law, a person is presumed to be the parent of a child if:
(a) The child is born to a person's spouse during the marriage, or within 300 days after the marriage is terminated for any reason, or after a decree of separation is entered by the court.
(b) Before the child's birth, the person and the child's other parent have attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid; and
(1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination for any reason; or
(2) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
(c) After the child's birth, the person and the child's other parent have married, or attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid; and
(1) The person has acknowledged parentage of the child in a writing filed with the appropriate court or state agency;
(2) With the person's consent, the person is named as the child's parent on the birth certificate; or
(3) The person is obligated to support the child under a written voluntary promise or by court order.
(d) While the child is under the age of majority, the person receives the child into the person's home and openly holds out the child as that person's child.
VI. A presumption under paragraph V may be rebutted in an appropriate action only by clear and convincing evidence. The existence of the parent-child relationship presumed under paragraph V shall not, however, be rebutted by evidence that the child was conceived by means of assisted reproduction, so long as the presumptive parent complies with the requirements of paragraph II. In the absence of such compliance, a presumptive parent's consent shall be conclusively presumed by such parent's failure to object to the parent-child relationship by filing an action to dispute parentage within 30 days after the child's birth. If 2 or more presumptions of parentage arise that conflict with each other, the presumption that on the facts is founded on the weightier considerations of policy and logic controls. The presumption shall be rebutted by a court decree establishing parentage of the child with another person.
Source. 2014, 248:2, eff. July 21, 2014.
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