After Roe Fell: U.S. Abortion Laws by State

Not Protected

New Hampshire

Abortion remains accessible in New Hampshire but without legal protection.

State Legal Details

Bans in Effect

  • Gestational Ban, 24-week LMP
  • Method Ban

Restrictions in Effect

  • Mandatory Ultrasound Requirement
  • Parental Involvement, Parental Notification Requirement
  • TRAP requirements: Providers, Reporting Requirement

State Protections

New Hampshire law does not include express constitutional or statutory protections for abortion. However, in 2018, New Hampshire voters approved an amendment to the New Hampshire Constitution that specifically recognized a privacy right related to private or personal information. Article 2-b of the Bill of Rights of the New Hampshire Constitution, which is titled “Right to Privacy,” states: “An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.”1 To date, the state supreme court has not determined whether this amendment includes the right to abortion. New Hampshire protects clinic safety and access through a buffer zone.2

Restrictions

New Hampshire law prohibits prohibits abortion at twenty-four weeks LMP, except in the case of fetal abnormalities incompatible with life or a medical emergency, as expressly defined by law.3 It also prohibits D&X procedures4 and limits public funding for abortion.5 An ultrasound is required if a provider knows a pregnancy is at least twenty-four weeks LMP or there is a substantial risk that the pregnancy is at least twenty-four weeks LMP.6 The state generally requires that a parent or legal guardian be notified about a minor’s abortion before abortion care is provided,7 unless the attending abortion provider certifies that a medical emergency exists and there is insufficient time to provide such notification;8 alternatively, a judge can approve a minor’s petition without parental notification.9

New Hampshire’s targeted regulation of abortion providers (TRAP) laws include requirements related to reporting D&X procedures in emergency situations and abortions performed beyond 24 weeks.10 Effective January 1, 2027, New Hampshire will require medical facilities to collect and report abortion statistics to the state Department of Health and Human Services, including date when and county where abortion was performed, age group of the pregnant patient, residence of patient (in or out-of-state), method used, and estimated gestational age when abortion was performed.11 New Hampshire prohibits nurse midwives from providing abortion care.12 Providers who violate New Hampshire’s abortion restrictions may face civil and criminal penalties.13

Historical Restrictions

New Hampshire repealed its pre-Roe ban in 1997.14

Conclusion

Now that the Supreme Court has overturned Roe, abortion remains accessible in New Hampshire but without legal protection.

  1. N.H. Const. Pt. 1, Art. 2-b (effective Dec. 5, 2018). ↩︎
  2. N.H. Rev. Stat. §§ 132:37–132:38. ↩︎
  3. N.H. Rev. Stat. Ann. § 329:44; see generally Fetal Life Protection Act, N.H. Rev. Stat. Ann. §§ 329:43–329:50. ↩︎
  4. N.H. Rev. Stat. Ann. § 329:34; see generally Partial Birth Abortion Ban Act, N.H. Rev. Stat. Ann. §§ 329:32–329:42. ↩︎
  5. See NH Dept. of Health and Human Servs., Medicaid State Plan: Attachment 3.1-A: Amount, Duration and Scope of Medical and Remedial Care and Services Provided to the Categorically Needy 6 https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents2/spa-attachment-3-1-a.pdf (last accessed Jan. 30, 2025); Medicaid State Plan Attachment 3.1-B: Amount, Duration and Scope of Services Provided Medically Needy Groups 7 https://www.dhhs.nh.gov/sites/g/files/ehbemt476/files/documents2/spa-attachment-3-1-b.pdf (last accessed Jan. 30, 2026). ↩︎
  6. N.H. Rev. Stat. Ann. § 329:44. ↩︎
  7. N.H. Rev. Stat. Ann. § 132:33. ↩︎
  8. N.H. Rev. Stat. Ann. § 132:34(I). ↩︎
  9. N.H. Rev. Stat. Ann. § 132:34(II). ↩︎
  10. N.H. Rev. Stat. Ann. § 329:35. ↩︎
  11. N.H. Rev. Stat. Ann. § 329:49-a (prohibiting inclusion of personally identifiable information of patient or health care provider in the reported data; failure to report or falsifying information may result in administrative fines or a misdemeanor). ↩︎
  12. N.H. Code Admin. R. Ann. He-W 538.05. ↩︎
  13. See, e.g., N.H. Rev. Stat. Ann. § 329:37; N.H. Rev. Stat. Ann. § 329:36. ↩︎
  14. N.H. Rev. Stat. Ann. § 585.12 et seq. (1955), repealed by 1997 N.H. Laws 81, ch. 99, §1. ↩︎