In New Hampshire
After Roe in New Hampshire, abortion is illegal after the 24th week of pregnancy. Hear from Cornerstone about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s post-Roe abortion laws.
After Roe, states have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!
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THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Abortion is illegal after the 24th week of pregnancy in New Hampshire. Read about New Hampshire’s abortion restrictions below. N.H. Rev. Stat. Ann. § 329:44. However, New Hampshire has proposed a bill to repeal this restriction. H.B. 271, 168 Sess., Gen. Court (N.H. 2023).
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Now that Roe is overturned, our battles will remain the same in New Hampshire. Although New Hampshire is the first state to go from allowing abortion up to birth to passing a late-term abortion ban (2021), a majority of people in both parties identify as pro-choice. The pro-abortion lobby has spent several million dollars in an attempt to shift public opinion against our new law, with no remotely commensurate resources on the pro-life side to stop New Hampshire from being a regional holdout against pro-abortion extremism.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
New Hampshire’ Fetal Life Protection Act, which protects life by banning abortions after 24 weeks.N.H. Rev. Stat. Ann. § 329:44.However, New Hampshire has proposed a bill to repeal this restriction. H.B. 271, 168 Sess., Gen. Court (N.H. 2023).”
New Hampshire has a partial-birth abortion ban. N.H. Rev. Stat. Ann. § 329:34.”
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes: It is an exception to the Fetal Life Protection Act if the abortion is necessary to save the life of the mother or in cases of fetal abnormalities incompatible with life. N.H. Rev. Stat. Ann. § 329:44.
It is an exception to the partial-birth ban if the abortion is necessary to save the life of the mother. The physician must have a documented referral from another unaffiliated physician and they both must agree that the mother’s life is at risk. N.H. Rev. Stat. Ann. § 329:34.
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
Violations of the Fetal Life Protection Act are a class B felony punishable by a fine of up to $100,000. N.H. Rev. Stat. Ann. § 329:46
Violations of the partial-birth ban are a class B felony punishable by up to 10 years in prison and/or fines up to $100,000. N.H. Rev. Stat. Ann. § 329:36.
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The mother, the father of the baby (if married to the mother), or the mother’s parents (if she is under 18 years old) may bring a civil action against violators of the Fetal Life Protection Act. N.H. Rev. Stat. Ann. § 329:47.
The father of the baby (if married to the mother) or the maternal grandparents of the baby born to a minor mother may bring a civil action against the violator of New Hampshire’s partial-birth ban to obtain appropriate relief. N.H. Rev. Stat. Ann. § 329:37.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
Yes: Notice to one parent is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. N.H. Rev. Stat. § 132:33.
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
No.
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
No.
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
No.
Informed consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
No.
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
For minors: a 48-hour waiting period after parental notice is required. N.H. Rev. Stat. § 132:33.