Section 168-B:16 Regulatory Procedures.


   I. A surrogate arrangement is lawful only if it conforms to the requirements of this subdivision, and if, before the procedure to impregnate the surrogate:
      (a) The health care provider performing the procedure receives written certification that the parties successfully completed the medical and nonmedical evaluations and counseling pursuant to RSA 168-B:18 and 19;
      (b) The surrogate arrangement has been judicially preauthorized pursuant to RSA 168-B:23; and
      (c) All parties to the surrogacy contract provide the health care provider performing the procedure with written indication of their informed consent to the arrangement.
   II. The procedure to impregnate a surrogate shall be performed only in accordance with rules adopted by the department of health and human services.
   III. No woman shall be a surrogate, unless the woman has been medically evaluated and the results, documented in accordance with rules adopted by the department of health and human services, demonstrate the medical acceptability of the woman to be a surrogate.
   IV. No person or entity shall promote or in any other way solicit or induce for a fee, commission or other valuable consideration, or with the intent or expectation of receiving the same, any party or parties to enter into a surrogacy arrangement.

Source. 1990, 87:2. 1995, 310:181, eff. Nov. 1, 1995.