Start with N.H. Rev. Stat. Ann. § 329:44 et seq. (Fetal Life Protection Act / ~24-week framework). In New Hampshire, Gestational limit. Approximately 24 weeks of gestation, with exceptions thereafter primarily for the life of the pregnant patient and other narrow statutory grounds.. That is the question this guide answers for whether abortion is legal. New Hampshire maintains a roughly 24-week gestational limit (Fetal Life Protection Act lineage) rather than a near-total ban. Abortions before that point remain lawful subject to informed-consent and facility rules. Post-24-week care is tightly cabined. Confirm current RSA text for any amendments after 2024–2026 legislative sessions.
Current abortion law in New Hampshire
New Hampshire maintains a roughly 24-week gestational limit (Fetal Life Protection Act lineage) rather than a near-total ban. Abortions before that point remain lawful subject to informed-consent and facility rules. Post-24-week care is tightly cabined. Confirm current RSA text for any amendments after 2024–2026 legislative sessions.
Unauthorized post-limit abortions can trigger criminal and professional discipline exposure for providers.
Federal constitutional law no longer supplies a nationwide right to abortion after Dobbs. State constitutions, statutes, and injunctions still matter enormously — and they change when legislatures amend trigger laws, voters pass ballot measures, or courts enter or lift stays. Treat this page as a research starting point, then verify the live statute text and the most recent New Hampshire appellate opinions on LawDiver.
Gestational limits and exceptions
Limit: Approximately 24 weeks of gestation, with exceptions thereafter primarily for the life of the pregnant patient and other narrow statutory grounds.
Exceptions and carve-outs: Life of the pregnant patient; certain medical emergencies; other limited statutory exceptions as amended.
Clinics, hospitals, and telehealth providers may also face facility licensing, reporting, parental-involvement, and informed-consent rules that are separate from the core ban-or-protect statute. Those rules can affect how care is delivered even when abortion remains lawful in New Hampshire.
How the New Hampshire rule applies
Apply the New Hampshire authorities in order. The facts are simplified so the statute and the standard are visible.
A patient asks whether care is lawful in New Hampshire. The current characterization is Gestational limit.
- Read N.H. Rev. Stat. Ann. § 329:44 et seq. (Fetal Life Protection Act / ~24-week framework) and confirm the gestational rule: Approximately 24 weeks of gestation, with exceptions thereafter primarily for the life of the pregnant patient and other narrow statutory grounds..
- Check the exceptions written into New Hampshire law: Life of the pregnant patient; certain medical emergencies; other limited statutory exceptions as amended.
- Unauthorized post-limit abortions can trigger criminal and professional discipline exposure for providers.
- Open the New Hampshire opinions linked in this guide before relying on a national summary.
New Hampshire answers the legality question from N.H. Rev. Stat. Ann. § 329:44 et seq. (Fetal Life Protection Act / ~24-week framework). Federal constitutional law no longer supplies a nationwide right after Dobbs.
Federal backdrop after Dobbs
Dobbs overruled Roe and Casey and held that the U.S. Constitution does not confer a right to abortion, returning the issue to “the people and their elected representatives.” That holding does not erase New Hampshire law — it makes New Hampshire law decisive. Interstate travel, FDA medication-abortion rules, EMTALA emergency-care disputes, and Medicaid funding fights can still surface in federal court, but the everyday legality question for a patient or clinic in New Hampshire is answered first by N.H. Rev. Stat. Ann. § 329:44 et seq. (Fetal Life Protection Act / ~24-week framework) and New Hampshire case law.
Practical research tips
- Read the full text of N.H. Rev. Stat. Ann. § 329:44 et seq. (Fetal Life Protection Act / ~24-week framework) on LawDiver (or the linked authority page) before relying on a secondary summary.
- Search New Hampshire opinions for terms such as
abortion,reproductive,viability, and the short name of the primary statute. - Check whether a temporary restraining order or preliminary injunction currently blocks enforcement — summaries lag injunctions.
- Sibling consumer guides on LawDiver cover other New Hampshire topics (self-defense, family law, eviction) for related research.
Case law: abortion and reproductive regulation in New Hampshire
Heather B. Smith b/m/n/f Linda J. Smith and Linda J. Smith v. Norman R. Cote, M.D., & a.
…own of the risks involved she would have obtained a eugenic abortion. The action comprises three counts, only two of which are relevant here. In Count I, Linda seeks damages for her emotional distress, for the extraordinary maternal care that she must provide Heather *235because of Heather’s birth defects, and for the extraordinary medical and educational costs she has sustaine…
Practitioners open Heather B. Smith b/m/n/f Linda J. Smith and Linda J. Smith v. Norman R. Cote, M.D., & a. when New Hampshire abortion / reproductive rights turns on the distinction in this sentence: "The action comprises three counts, only two of which are relevant here." Do not lift it out of the facts the court was deciding.
Albert Goodrow, Jr. v. Everett Perrin, Warden New Hampshire State Prison & A.
Albert Goodrow, Jr. v. Everett Perrin, Warden New Hampshire State Prison & A., 119 N.H. 483 (1979)
…was concerned with a vagueness challenge to a Pennsylvania abortion statute. The statute in question imposed criminal liability, without culpability, upon doctors who failed to try to save the lives of fetuses that may have been viable. The Supreme Court concluded that the words of the statute, and in particular the word viable, were vague and that this vagueness was compounde…
On abortion / reproductive rights, Albert Goodrow, Jr. v. Everett Perrin, Warden New Hampshire State Prison & A. speaks to the New Hampshire dispute in this passage: "Pennsylvania abortion statute. The statute in question imposed criminal liability, without culpability, upon doctors who failed to try to save the lives of fetuses that may have been viable." The surrounding opinion shows how the court applied that language to the record.
In re Joel Caulk — Douglas, J., dissenting
In re Joel Caulk — Douglas, J., dissenting, 125 N.H. 226 (1984)
…t by a hunger strike. Finally, this prisoner, unlike in the abortion context, is dealing with only his body, soul and consciousness, rather than with that of another person. See Wallace v. Wallace, 120 N.H. 675, 684-85, 421 A.2d 134, 140 (1980) (Douglas, J., dissenting). This case is difficult for all of us to resolve. Under the Constitution of New Hampshire, I must respect Mr.…
Practitioners open In re Joel Caulk — Douglas, J., dissenting when New Hampshire abortion / reproductive rights turns on the distinction in this sentence: "Finally, this prisoner, unlike in the abortion context, is dealing with only his body, soul and consciousness, rather than with that of another person. See Wallace v. Wallace, 120 N.H. 675, 684-85, 421 A.2d 134, 140 (1980) (Douglas, J., dissenting)." Do not lift it out of the facts the court was deciding.
New Hampshire Right to Life & A. v. Director, New Hampshire Charitable Trusts Unit & A.
…ort, by taxpayer subsidies, of medical clinics that provide abortion services.” Appeal of N.H. Right to Life, 166 N.H. 308, 310 (2014). At issue are three Right-to-Know requests that the plaintiffs made of the State in July 2014 and September 2014 for documents and materials related to Planned Parenthood of Northern New England (PPNNE) and/or its New Hampshire clinics. At oral…
On abortion / reproductive rights, New Hampshire Right to Life & A. v. Director, New Hampshire Charitable Trusts Unit & A. speaks to the New Hampshire dispute in this passage: "Appeal of N.H. Right to Life, 166 N.H. 308, 310 (2014)." The surrounding opinion shows how the court applied that language to the record.
State of New Hampshire v. Douglas N. Harding
State of New Hampshire v. Douglas N. Harding, 114 N.H. 335 (1974)
…y, Abortive Reasons and Obscene Standards: A Comment on the Abortion and Obscenity Cases, 52 N.C.L. Rev. 223, 234-41 (1973); Note, The New Obscenity Standard, 6 Conn. L. Rev. 165 (1973). RSA 571-AT (Supp. 1972) was enacted by the legislature in 1965 (Laws 1965, 146:1) and closely follows the definition of obscenity as set forth in Model Penal Code § 207.10(2) (Tent. Draft No. 5…
Practitioners open State of New Hampshire v. Douglas N. Harding when New Hampshire abortion / reproductive rights turns on the distinction in this sentence: "Abortive Reasons and Obscene Standards: A Comment on the Abortion and Obscenity Cases, 52 N.C.L. Rev. 223, 234-41 (1973); Note, The New Obscenity Standard, 6 Conn. L. Rev. 165 (1973). RSA 571-AT (Supp." Do not lift it out of the facts the court was deciding.
State v. Joyce E. Millette
State v. Joyce E. Millette, 112 N.H. 458 (1972)
…nd one-half months within her term of pregnancy so that the abortion charged was of an unquickened foetus in violation of RSA 585:12, a misdemeanor. RSA 585:14, the statute upon which these indictments are based, provides that if a person causes the death of a pregnant woman by perpetrating or attempting to perpetrate either the felony of destroying a quickened foetus (RSA 585:…
State v. Joyce E. Millette is worth reading on New Hampshire abortion / reproductive rights because the court put the point in its own words: "nd one-half months within her term of pregnancy so that the abortion charged was of an unquickened foetus in violation of RSA 585:12, a misdemeanor. RSA 585:14, the statute upon which these indictments are based, provides that if a person causes the death of a pregnant woman by p" Use that passage as the starting point, then read the facts that precede it.
New Hampshire Civil Liberties Union v. City of Manchester
New Hampshire Civil Liberties Union v. City of Manchester, 149 N.H. 437 (2003)
…n of privacy in disclosing police department photos of anti-abortion protesters). Affirmed. Nadeau, Dalianis and Duggan, JJ., concurred.
On abortion / reproductive rights, New Hampshire Civil Liberties Union v. City of Manchester speaks to the New Hampshire dispute in this passage: "Affirmed. Nadeau, Dalianis and Duggan, JJ., concurred." The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- Status in New Hampshire: Gestational limit.
- Gestational rule of thumb: Approximately 24 weeks of gestation, with exceptions thereafter primarily for the life of the pregnant patient and other narrow statutory grounds..
- Primary authority: N.H. Rev. Stat. Ann. § 329:44 et seq. (Fetal Life Protection Act / ~24-week framework).
- Exceptions: Life of the pregnant patient; certain medical emergencies; other limited statutory exceptions as amended.
- Pair this article with the LawDiver search rail (scoped to New Hampshire) for reproductive-rights and clinic-regulation opinions.
Frequently asked questions
Is abortion legal in New Hampshire?
New Hampshire's current characterization is Gestational limit. Approximately 24 weeks of gestation, with exceptions thereafter primarily for the life of the pregnant patient and other narrow statutory grounds.. Details turn on N.H. Rev. Stat. Ann. § 329:44 et seq. (Fetal Life Protection Act / ~24-week framework) and any active court orders.
What exceptions exist in New Hampshire?
Life of the pregnant patient; certain medical emergencies; other limited statutory exceptions as amended.
Does federal law still decide this?
Not as a nationwide constitutional right. After Dobbs, New Hampshire statutes and New Hampshire courts are the primary answer, subject to other federal statutes that may apply in narrow settings (for example, certain emergency-care or FDA disputes).
Where should I research further on LawDiver?
Start with N.H. Rev. Stat. Ann. § 329:44 et seq. (Fetal Life Protection Act / ~24-week framework), then run a New Hampshire-scoped LawDiver search for abortion and reproductive-health opinions linked above.