Is Reproductive Access Legal in New Hampshire? (2026)
Yes. In New Hampshire, reproductive access is legal. New Hampshire’s cited sections address gestational-age determination and abortion at24 weeks or more, with incompatible-with-life fetal-abnormality and defined medical-emergency exceptions..
Key facts
- Status
- Legal
- Permit required
- No
- Jurisdiction
- New Hampshire
- Last reviewed
- 2026-04-09
Reproductive Access laws in New Hampshire
New Hampshire RSA329:43 defines gestational age from the first day of the patient’s last menstrual period. Under329:44, a healthcare provider must first determine probable gestational age with the specified prudent inquiries and examinations, except in a defined medical emergency. Although the section describes obstetric ultrasound, it expressly requires that ultrasound only when the provider knows the fetus is at least24 weeks or is conscious of a substantial risk of that gestational age. A provider may not knowingly perform, induce or attempt abortion when probable gestational age is at least24 weeks, or without the required age determination, except for fetal abnormalities incompatible with life or the specifically defined medical emergency. For this subdivision, that emergency requires abortion to preserve a patient’s life endangered by a physical disorder, illness or injury, including a pregnancy-related life-endangering physical condition, or when continuing pregnancy creates a serious risk of substantial and irreversible impairment of a major bodily function. The subdivision’s abortion definition excludes the specified intent to save fetal life or health, removal of a fetus already dead from spontaneous abortion and removal of an ectopic pregnancy. Section329:45 requires written reporting of the reason for determining a medical emergency, to the facility and Department of Health and Human Services as applicable, with provider and facility copies retained for at least5 years. The served chapter also prints statistics reporting under329:49-a effective July1,2027; that future section is not represented as current. Section329:49 says the subdivision creates or recognizes no right to abortion. This explanation does not review all other reproductive-service, minor-consent or court-order requirements.
Frequently asked questions
Is reproductive access legal in New Hampshire for travelers?
For travelers visiting New Hampshire, reproductive access is currently legal. New Hampshire RSA329:43 defines gestational age from the first day of the patient’s last menstrual period. Under329:44, a healthcare provider must first determine probable gestational age with the specified prudent inquiries and examinations, except in a defined medical emergency. Although the section describes obstetric ultrasound, it expressly requires that ultrasound only when the provider knows the fetus is at least24 weeks or is conscious of a substantial risk of that gestational age. A provider may not knowingly perform, induce or attempt abortion when probable gestational age is at least24 weeks, or without the required age determination, except for fetal abnormalities incompatible with life or the specifically defined medical emergency. For this subdivision, that emergency requires abortion to preserve a patient’s life endangered by a physical disorder, illness or injury, including a pregnancy-related life-endangering physical condition, or when continuing pregnancy creates a serious risk of substantial and irreversible impairment of a major bodily function. The subdivision’s abortion definition excludes the specified intent to save fetal life or health, removal of a fetus already dead from spontaneous abortion and removal of an ectopic pregnancy. Section329:45 requires written reporting of the reason for determining a medical emergency, to the facility and Department of Health and Human Services as applicable, with provider and facility copies retained for at least5 years. The served chapter also prints statistics reporting under329:49-a effective July1,2027; that future section is not represented as current. Section329:49 says the subdivision creates or recognizes no right to abortion. This explanation does not review all other reproductive-service, minor-consent or court-order requirements.
Do I need a permit for reproductive access in New Hampshire?
New Hampshire does not specifically require a permit for reproductive access, though general regulations apply.
Can I transport reproductive access through New Hampshire?
Transport laws for reproductive access in New Hampshire depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.
What are the penalties for reproductive access violations in New Hampshire?
Penalties for reproductive access violations in New Hampshire vary based on the specific offense. Always verify current laws before traveling.