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In New Hampshire

After Roe in New Hampshire, abortion will be 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 what abortion law would be in your state after Roe.

After Roe, states will 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, will 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.

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WHAT’S NEXT

What is my state’s next step in the fight for life, once Roe is overturned?

If Roe vs. Wade is overturned, our battles will remain the same in New Hampshire, but they will become even more intense because our adversaries will become energized. 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, in order to stop New Hampshire from being a regional holdout against pro-abortion extremism. In addition, because it is so easy to flip a House and Senate seat, they will dump even more money into the state to impact state elections as they have done in the past.

MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

New Hampshire’ Fetal Life Protection Act (HB 2. Sections 37-40) protects life by banning abortions after 24 weeks.

New Hampshire has a partial-birth abortion ban. 2012 N.H. Laws 283.


Exceptions to any limitations

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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 (HB 2. Sections 37-40).

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. 2012 N.H. Laws 283.


Penalties for performing an illegal abortion

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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 and up to seven years in prison (HB 2. Sections 37-40, N.H. Rev. Stat. Ann. § 651:2).

Violations of the partial-birth ban are a felony punishable by up to 10 years in prison and/or fines up to $100,000. 2012 N.H. Laws 283.


Enforcement

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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 (HB 2. Sections 37-40).

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. 2012 N.H. Laws 283.


Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

No.


Protecting Fundamental Rights

Parents

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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. St. § 132:33.


Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

No.


Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

No.


Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

No.


Informed consent

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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

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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. St. § 132:33.


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