Yes, In Vitro Fertilization (IVF) is legal in New Hampshire under state statutes and case law, with no outright prohibition. The procedure is governed by the New Hampshire Fertility Clinic Act (RSA 168-B) and overseen by the New Hampshire Board of Medicine, which licenses and regulates fertility clinics. Recent 2026 amendments to RSA 168-B expanded embryo disposition requirements, mandating written agreements for unused embryos and clarifying storage duration limits.
Key Regulations for In Vitro Fertilization (IVF) in New Hampshire
- Licensing and Oversight: Clinics must obtain a license from the New Hampshire Board of Medicine and comply with RSA 168-B, which sets standards for laboratory practices, record-keeping, and patient consent. Violations may result in fines or license revocation.
- Embryo Disposition Agreements: Patients must execute legally binding contracts specifying the fate of unused embryos, including donation, storage termination, or destruction. The 2026 amendments require annual reaffirmation of these agreements.
- Insurance Coverage Mandates: Under RSA 415:18, IVF is partially covered by private insurers for individuals meeting diagnostic infertility criteria, though self-insured plans are exempt. The New Hampshire Insurance Department enforces compliance.
Additional compliance considerations include parental rights enforcement under In re Baby M (1987) precedent, which upholds gestational carrier agreements, and adherence to HIPAA for patient confidentiality in fertility records. Clinics must also align with FDA guidelines for gamete screening and storage. Non-compliance risks administrative penalties or malpractice liability under state tort law.