Is Abortion Legal in New Hampshire
Yes. Abortion is legal in New Hampshire until 24 weeks of pregnancy. At 24 weeks or later, the state’s Fetal Life Protection Act bans it unless there is a medical emergency or a fetal abnormality incompatible with life (RSA 329:44).
Key facts
- The limit is 24 weeks of pregnancy, counted from the first day of the last menstrual period.
- The law took effect January 1, 2022.
- A provider who knowingly breaks it commits a class B felony and faces a fine of $10,000 to $100,000.
These sections are read from the General Court’s statute pages as archived on May 5, 2025; any 2026 change to them is not reflected here.
The New Hampshire 24-Week Limit
Before an abortion, a provider must first determine the probable gestational age of the pregnancy, which the law counts from the first day of the last menstrual period. An ultrasound is required only if the provider knows, or is aware of a substantial risk, that the pregnancy is at least 24 weeks along (RSA 329:44; RSA 329:43).
Exceptions to the New Hampshire Limit
After 24 weeks, abortion is allowed only in a medical emergency or when a fetal abnormality is incompatible with life. A medical emergency, as the law defines it, is a condition in which abortion is needed to save the pregnant woman’s life. It also covers a pregnancy that would create “a serious risk of substantial and irreversible impairment of a major bodily function” (RSA 329:44, III).
When abortion is allowed in New Hampshire
Source: RSA 329:44, General Court text archived May 5, 2025
Penalties Under the Fetal Life Protection Act
The penalties fall on the health care provider, not the patient. A provider who knowingly breaks the 24-week limit is guilty of a class B felony. The fine is at least $10,000 and up to $100,000 (RSA 329:46).
Where Things Stand
As of October 6, 2026
Our abortion laws by state page compares New Hampshire with every other state.
New Hampshire Abortion Questions
Is abortion legal in New Hampshire?
Yes, until 24 weeks of pregnancy. After that, state law bans it except in a medical emergency or for a fetal abnormality incompatible with life.
How are the 24 weeks counted in New Hampshire?
From the first day of the last menstrual period. A provider must determine the probable gestational age before an abortion.
Can a patient be charged under New Hampshire’s abortion law?
The penalties in the Fetal Life Protection Act apply to health care providers: a class B felony and a fine of $10,000 to $100,000 for knowingly breaking the 24-week limit.
What You Can Do
- Know the line: abortion is legal before 24 weeks, counted from the first day of the last menstrual period.
- Compare other states on our abortion laws by state page.
- Vote on November 3. The governor and every seat in the General Court are on the ballot. See our New Hampshire governor race guide.