New Hampshire

Ranking: 32
In 2012, New Hampshire continued its legislative momentum, making further strides in protecting women and unborn children from the harms inherent in abortion.  Specifically, the legislature overrode a veto of a partial-birth abortion ban, and enacted a measure requiring the state Department of Health to collect, compile, and maintain abortion statistics and to prepare and submit an annual report.  With help from AUL, the state also introduced and debated informed consent and comprehensive conscience protection legislation. Abortion:
  • New Hampshire prohibits partial-birth abortion.
  • New Hampshire law allows abortions after viability, even in cases where the mother’s life or health is not endangered.
  • A physician may not perform an abortion on an unemancipated minor under the age of 18 until at least 48 hours after written notice has been delivered to one parent, except when there is a medical emergency or when the minor obtains a court order.
  • The state Department of Health is required to collect, compile, and maintain abortion statistics and to prepare and submit an annual report to the general court.
  • New Hampshire follows the federal standard for Medicaid funding for abortions, only permitting the use of federal or state matching Medicaid funds for abortions necessary to preserve the life of the woman or when the pregnancy is the result of rape or incest.
  • New Hampshire law requires group or blanket health insurance policies issued or renewed by insurers, health service corporations, and health maintenance organizations to provide coverage for contraceptives if they otherwise provide coverage for outpatient services or other prescription drugs.  The law contains no exemptions for religious or other employers with ethical or moral objections.
  • Prior to the FDA’s 2006 decision, New Hampshire enacted a “collaborative practice” law allowing “emergency contraception” to be sold without a physician’s prescription.
Legal Recognition of Unborn and Newly Born:
  • New Hampshire does not criminalize the killing of an unborn child outside the context of abortion.  However, it does provide that an attack on a pregnant woman which results in a stillbirth or miscarriage is a criminal assault.
  • The state allows a wrongful death (civil) action when a viable unborn child is killed through a negligent or criminal act.
  • New Hampshire has a “Baby Moses” law, establishing a safe haven for mothers to legally leave their infants at designated places and ensuring the infants receive appropriate care and protection.
  • New Hampshire has approved stillbirth certificates.
Bioethics Laws:
  • New Hampshire does not ban human cloning, destructive embryo research, or fetal ex­perimentation.
  • Further, the state does not promote ethical forms of research.
  • New Hampshire has enacted limited regulation of practitioners and participants in as­sisted reproductive technologies.
End of Life Laws:
  • In New Hampshire, assisting suicide is a felony.
Healthcare Rights of Conscience Laws: Participation in Abortion:
  • New Hampshire currently provides no protection for the rights of conscience of health-care providers.
Participation in Research Harmful to Human Life:
  • New Hampshire currently provides no protection for the rights of healthcare providers who conscientiously object to participation in human cloning, destructive embryo re­search, and other forms of immoral medical research.
  • Overriding Governor John Lynch’s veto, New Hampshire enacted a parental notifica­tion law which prohibits a physician from performing an abortion on an unemancipated minor under the age of 18 until at least 48 hours after written notice has been delivered to one parent, except when there is a medical emergency or when the minor obtains a court order.
What Happened in 2012:
  • Overriding Governor John Lynch’s veto, the New Hampshire legislature enacted a ban on partial-birth abortion.  The state also considered a ban on abortion at 20-weeks gestation and a third-trimester abortion ban.
  • New Hampshire enacted a measure revising the state’s judicial bypass proceedings to allow a court two business days (rather than 48 hours) to rule on a judicial bypass request.
  • In a busy legislative session, the state also enacted a measure requiring the state Department of Health to collect, compile, and maintain abortion statistics and to prepare and submit an annual report to the general court.
  • The New Hampshire legislature adopted a resolution commending the life-saving work of pregnancy care centers.
  • The state also considered comprehensive informed consent legislation based upon AUL’s model language.  Other measures introduced included legislation related to abortion funding and insurance coverage of abortion.
  • New Hampshire adopted a resolution opposing the U.S. Department of Health and Human Services (HHS) mandate that nearly all insurance plans fully cover “all FDA approved contraceptives” (which includes the abortion-inducing drug ella) and considered legislation to include exemptions for religious-based objections to the state’s existing “contraceptive” (insurance) mandate.
  • New Hampshire considered a measure to protect unborn victims of violence.
  • New Hampshire enacted a law clarifying that, when determining whether to withhold or withdraw medically administered nutrition and hydration or life-sustaining treatment from a mentally incompetent or developmentally disabled person, a healthcare facility’s standard protocols should only be considered if the patient does not have a validly executed advance directive and the action has not been authorized by an existing guardianship or other court order.
  • The state also considered measures relating to pain management and palliative care.
  • With help from AUL, New Hampshire, one of only three states that currently lacks any statutory protections for healthcare providers’ freedom of conscience, introduced and debated a comprehensive conscience protection bill.
Recommendations for new Hampshire Top Priorities:
  • Abortion Mandate Opt-Out Act
  • Defunding the Abortion Industry and Advancing Women’s Health Act
  • Women’s Right to Know Act
  • Women’s Health Protection Act (abortion clinic regulations)
  • Abortion-Inducing Drugs Safety Act
  • Crimes Against the Unborn Child Act
  • Healthcare Freedom of Conscience Act
Other Priorities: Abortion
  • Women’s Ultrasound Right to Know Act
  • Coercive Abuse Against Mothers Prevention Act
  • Child Protection Act
  • Joint Resolution Commending Pregnancy Centers
Legal Recognition and Protection for the Unborn:
  • Unborn Wrongful Death Act (for pre-viable child)
  • Born-Alive Infant Protection Act
  • Pregnant Woman’s Protection Act
Bioethics:
  • Human Cloning Prohibition Act
  • Destructive Embryo Research Act
  • Prohibition on Public Funding of Human Cloning and Destructive Embryo Research Act
Back To Top

Print This Page Print This Page Share