What disqualifies you from being a surrogate?

Common disqualifying factors include no prior births, active tobacco or nicotine use, currently receiving government financial assistance, three or more prior C-sections (at many agencies), a BMI over 32, certain mental health histories, and a felony criminal record.

How much do surrogates actually get paid?

In New Hampshire, surrogates typically earn $47,000–$73,000 in total compensation for a full journey. This is paid in installments throughout the pregnancy, not as a lump sum or a salary.

Is there an age limit to become a surrogate?

Most agencies require surrogates to be between 21 and 40 years old, though some set the upper limit at 38. First-time surrogates are typically preferred to be under 35, since pregnancy risk rises with age.

How Much Do Surrogates Make in New Hampshire (2026)

Compensation

Surrogate Compensation in New Hampshire

Base Compensation	$40,000 – $55,000
Monthly Allowance	$3,000 – $6,000
Maternity Clothing	$1,000 – $2,000
Lost Wages	$3,000 – $10,000
Total Potential	$47,000 – $73,000

Base Compensation	$50,000 – $70,000
Monthly Allowance	$3,000 – $6,000
Maternity Clothing	$1,000 – $2,000
Lost Wages	$3,000 – $10,000
Total Potential	$57,000 – $88,000

Estimated ranges based on average compensation in New Hampshire. Actual compensation is determined by the agency. Sources: Industry surveys of 30+ agencies, 2024–2026 data.

Legal

New Hampshire Surrogacy Laws

New Hampshire has an express surrogacy statute, RSA ch. 168-B. Compensation is a defined term and the agreement must state how reasonable compensation is to be paid. An agreement substantially conforming to the statutory minimums is presumed valid and enforceable (RSA 168-B:10).

Statutory eligibility — these are law

RSA 168-B:9 requires you to be at least 21, to have given birth to at least one child, to complete a physical medical evaluation relating to the anticipated pregnancy, to complete a mental health consultation, and for you and your spouse or partner to have had legal consultation with independent counsel. There is no residency requirement.

Parentage

Pre-birth orders are available statewide through an expedited process without a hearing, provided the statutory requirements were satisfied before embryo transfer. Non-conforming cases fall back to post-birth orders.

Where New Hampshire is weaker than it looks. Independent counsel is mandatory, but the statute does not say who pays — it only requires the agreement to allocate legal expenses, so negotiate that. On medical autonomy, RSA 168-B:11 requires only that the agreement specify how termination decisions will be made; it does not vest that decision in you, and there is no non-waivable autonomy clause. There is also no statutory right to withdraw before transfer, and the statute contemplates that you may acknowledge potential financial liability if a breach harms the child. Read those clauses closely with your own lawyer.

Source: RSA ch. 168-B.

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Requirements

New Hampshire Surrogate Requirements

Several of these are New Hampshire law, not agency preference. RSA 168-B:9 requires that you be at least 21, have given birth to at least one child, complete a physical medical evaluation and a mental health consultation, and that you and your spouse or partner have consulted independent counsel.

Age: 21–40 years old

Have given birth to at least one healthy child

BMI under 32

Non-smoker

No disqualifying health conditions

U.S. citizen or permanent resident

Financially stable (not receiving government assistance)

Final eligibility is determined by the agency's medical team.

How to become a surrogate in New Hampshire: full requirements & qualifications →

The Process

How Surrogacy Works in New Hampshire

Apply

Complete application in 10–15 minutes. Agency contacts you within 48 hours.

Medical Screening

Physical exam, bloodwork, and uterine evaluation — paid for by the agency.

Match with Intended Parents

Review profiles and meet potential intended parents. You always have the right to say no.

Legal Contract

Surrogacy agreement reviewed by your own attorney, funded by the agency.

Embryo Transfer & Pregnancy

Monthly compensation begins immediately after transfer. All medical costs covered.

Delivery & Final Payment

Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.

See how surrogacy works, step by step →

FAQ

Surrogate FAQ: New Hampshire

Is surrogacy legal in New Hampshire?

Yes. New Hampshire authorizes gestational surrogacy under RSA chapter 168-B, and an agreement meeting the statutory minimums is presumed valid and enforceable. The statute does not say who pays for your attorney.

Do I have to live in New Hampshire to be a surrogate here?

Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.

Is surrogate pay taxable in New Hampshire?

Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for New Hampshire-specific guidance.

How long does surrogacy take in New Hampshire?

18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.

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