735
NEW HAMPSHIRE
RANKING: 32
While New Hampshire does not provide many rudimentary protections for
women considering abortion, the state enacted a parental notification law in
2011 with extensive help from AUL. However, the state still does not have
an informed consent law, abortion clinic regulations, or a prohibition on
anyone other than a licensed physician performing an abortion. Moreover,
the state does not criminalize the killing of an unborn child outside the context of abortion, or
protect healthcare freedom of conscience.
•
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.
•
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 allows abortions after viability, even in cases where the mother’s
life or health is not endangered.
•
Prior to the FDA’s decision in 2006, New Hampshire enacted a “collaborative practice”
bill which allows “emergency contraception” to be sold without a physician’s prescription.
•
New Hampshire law requires group or blanket health insurance policies issued or renewed by insurers, health service corporations, and health maintenance organizations
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.
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.
Defending Life 2012
NEW HAMPSHIRE
ABORTION:
736
•
The state allows wrongful death (civil) actions when a viable unborn child is killed
through 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 healthcare 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.
WHAT HAPPENED IN 2011:
•
Overriding Governor John Lynch’s veto, New Hampshire enacted a parental notification law which prohibits a physician from performing an abortion on an unemancipated
Americans United for Life
737
•
The New Hampshire Executive Council, not wanting state tax-dollars to subsidize an
abortion-providing organization, rejected a $1.8 million contract with Planned Parenthood. The Obama Administration subsequently announced a replacement grant of approximately $1.1 million and contracted directly with Planned Parenthood of Northern
New England, effectively contravening the New Hampshire Executive Council’s decision.
•
In addition, New Hampshire considered measures requiring informed consent prior to an
abortion; banning abortions at 20 weeks or after viability; and commending the work of
pregnancy care centers.
•
The state considered legislation protecting unborn victims of violence.
•
New Hampshire also considered a measure legalizing physician-assisted suicide.
•
New Hampshire did not consider any measures related to bioethics or healthcare rights
of conscience.
Defending Life 2012
NEW HAMPSHIRE
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.
738
RECOMMENDATIONS FOR NEW HAMPSHIRE
TOP PRIORITIES:
•
•
•
•
•
•
•
•
Personhood Preamble
Abortion Mandate Opt-Out Act
Abortion Subsidy Prohibition Act
Women’s Right to Know Act
Women’s Health Protection Act
Abortion-Inducing Drugs Safety Act
Crimes Against the Unborn Child Act
Healthcare Freedom of Conscience Act
OTHER PRIORITIES:
Abortion
o
o
o
o
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:
o
o
o
Unborn Wrongful Death Act (for pre-viable child)
Born-Alive Infant Protection Act
Pregnant Woman’s Protection Act
Bioethics:
o
o
o
Human Cloning Prohibition Act
Destructive Embryo Research Act
Prohibition on Public Funding of Human Cloning and Destructive
Embryo Research Act
Defending Life 2012