New Hampshire Abortion Law: Understanding The Current Landscape

Abortion laws vary across the United States, with each state imposing its own restrictions. In New Hampshire, abortion is legal up to 24 weeks, with exceptions for fatal foetal diagnoses and the life of the pregnant person. While abortion remains accessible in the state, it is not protected by law.

Ultrasound requirements

Previously, New Hampshire had required ultrasounds for every abortion visit, regardless of whether they were medically necessary. The lifting of the mandate means abortion remains safe and legal in New Hampshire, but there are still some restrictions. Abortion is banned at 24 weeks, with exceptions for fatal foetal diagnoses and the life of the pregnant person.

Parental notification is also in effect in New Hampshire. If an individual is under the age of 18 and seeking an abortion, notification must be given to a parent 48 hours before the procedure. A judge can excuse the individual from this requirement.

Parental notification

New Hampshire's parental notification law is RSA 132:32-36, Parental Notification Prior to Abortion. The law states that if you are under 18 years old and have never been married, your doctor must notify at least one of your parents or your guardian before an abortion can be performed. However, a judge can excuse you from this requirement. The judicial process is called a judicial bypass or judicial waiver, in which a minor can ask a judge to decide whether a parent or guardian must be notified before an abortion is performed.

The first step in the judicial bypass process is to file a form called "Petition for Waiver of Parental Notice for Abortion Requested by a Minor". You have the right to have a lawyer help you in court, free of charge. Everything about your case will be kept confidential. The meeting with the judge is called a hearing, and the judge will ask you questions to determine if you are mature enough to give your consent without parental notification or if it is in your best interests to have an abortion without notifying your parents or guardian.

If the judge decides you do not need to notify your parent or guardian, court staff will provide you with the necessary documentation to allow your medical provider to perform the abortion. If the judge decides that parental notification is required, you have the right to appeal to the New Hampshire Supreme Court, and a lawyer will help you with this process.

Public funding for abortions

New Hampshire's abortion laws allow the procedure up to 24 weeks, with exceptions for fatal foetal diagnoses and the life of the pregnant person. While abortion remains accessible in the state, New Hampshire law limits public funding for abortions.

On the other hand, some studies suggest that public funding for abortions for low-income women can result in significant cost savings for the government. According to a state-by-state analysis by The Alan Guttmacher Institute (AGI), for every tax dollar spent on abortions for poor women, approximately four dollars are saved in public medical and welfare expenses. This is because the government would otherwise have to incur costs associated with prenatal care, delivery, postnatal care for the mother, and newborn care for the child. The benefit-to-cost ratio varies across states, ranging from 9:1 in Massachusetts to 2:1 in Hawaii and Pennsylvania.

While New Hampshire law restricts public funding for abortions, organisations like Planned Parenthood and health centres providing abortion services receive federal funding through grants, cooperative agreements, and public health coverage programs. For instance, Planned Parenthood Federation of America affiliates received substantial funding through HHS grants and Medicare, Medicaid, and CHIP payments.

Abortion after 24 weeks

New Hampshire law prohibits abortions at 24 weeks LMP (last menstrual period). This means that abortion is banned after 24 weeks of pregnancy, counting from the first day of a person's last period.

There are exceptions to this law. If there is a fatal foetal diagnosis or the pregnant person's life is at risk, an abortion can be carried out after 24 weeks. Additionally, if the child would be born with a severe disability, an abortion after 24 weeks may be permitted.

New Hampshire's targeted regulation of abortion providers (TRAP) laws include requirements related to reporting abortions performed beyond 24 weeks. Providers who violate these restrictions may face civil and criminal penalties.

While abortion remains accessible in New Hampshire, it is not legally protected. The state does not include express constitutional or statutory protections for abortion in its laws.

Abortion rights activism

History of Abortion Laws in New Hampshire

Abortion laws in New Hampshire have undergone several changes over the years. In 1997, then-Governor Jeanne Shaheen signed legislation repealing most of the state's abortion restrictions. However, the state has continued to introduce and pass laws that impact abortion access, particularly for minors. In 2011, a parental notification law was passed, requiring parents to be notified before their unemancipated minor child could have an abortion. This was followed by a 48-hour waiting period for minors seeking abortions in 2012, which removed the requirement for parental consent.

Current Abortion Laws in New Hampshire

As of 2022, abortion is legal in New Hampshire up to 24 weeks of pregnancy, with exceptions for fatal fetal diagnoses and the life of the pregnant person. Parental notification is still in effect, requiring minors under 18 to notify a parent 48 hours before an abortion. A judge can excuse this requirement in certain circumstances. Ultrasounds are no longer required by state law, and abortion remains safe and legal in the state.

Abortion rights activists in New Hampshire have worked to protect and expand access to abortion services. They have advocated for the removal of barriers to abortion, such as the parental notification law and ultrasound requirements. Following the overturning of Roe v. Wade in 2022, abortion rights protesters rallied and marched in several cities across the state, demonstrating their support for abortion rights.

Moving Forward

While abortion remains accessible in New Hampshire, it lacks express legal protection. Abortion rights activists continue to work towards ensuring that individuals have the right to access sexual and reproductive healthcare, including abortion, without government interference. They also strive to protect clinic safety and access through buffer zones and by opposing laws that restrict abortion access.

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