By Kylie Valluzzi, Granite State News Collaborative

Reproductive rights are a significant and evolving issue in New Hampshire, as they are across the United States. The debate encompasses a wide range of topics, including access to abortion, contraception, comprehensive sex education and maternal health care. 

Here’s a look at where things stand in New Hampshire and what issues may come up in the future.

Abortion access

Abortion is legal in New Hampshire with some restrictions. As of 2024, the state enforces a 24-week abortion ban, prohibiting most abortions after 24 weeks except when the mother's life is at risk or the fetus has a fatal anomaly. There are no exceptions for rape or incest. 

Currently, no state laws protect abortion rights in New Hampshire, and the New Hampshire Constitution does not explicitly include the right to an abortion, said Kayla Montgomery, vice president of public affairs for Planned Parenthood New Hampshire Action Fund.

"With Roe v. Wade now in the past and without any state or federal protections for abortion rights in New Hampshire, the future of abortion access in New Hampshire now depends on every election,” she said.

That uncertainty underscores the high stakes of upcoming elections, she said. 

“To be perfectly clear, the outcome of this election could determine whether abortion remains legal or not in New Hampshire,” Montgomery said. “It has never been more important for voters to stay engaged on this issue and to know exactly what their lawmakers are planning to do to advance reproductive rights.”

Parental notification for abortions is required for minors, though judicial bypass options are available. The state does not use its funds for abortions except in cases of life endangerment, rape or incest, though private insurance plans and Medicaid under federal exceptions can cover the procedure. 

Additionally, New Hampshire’s Safe Haven Law allows parents to surrender their newborns anonymously without facing criminal charges if the child is unharmed.

Contraception and family planning

New Hampshire provides broad access to contraception and family planning services. The state requires insurance plans to cover contraception without cost-sharing, in line with the Affordable Care Act. That includes access to birth control pills, IUDs and emergency contraception.

The state also supports the federal Title X program, which provides funding for family planning services, including contraception, sexually transmitted infection testing and cancer screenings, for low-income individuals.

However, Montgomery points out ongoing challenges.

“In New Hampshire, over the last four years, the New Hampshire Executive Council has rejected five state family planning funding contracts for reproductive health care providers totaling $1.3 million, contributing to a dire financial situation for the state's reproductive health care providers, including Planned Parenthood of Northern New England,” she said.

That funding issue is crucial, as many of those centers serve thousands of New Hampshire patients, the majority of whom have relatively low incomes.

Though New Hampshire does not mandate comprehensive sex education, state law requires that any sex education provided in schools must be medically and scientifically accurate. Parents can opt their children out of sex education classes if they choose.

Maternal health

The state offers access to maternal health care through hospitals, clinics and midwives, focusing on improving outcomes in rural areas where access to care can be limited. 

The Granite State has a low maternal mortality rate compared to national averages, but continues efforts to reduce disparities among minority and low-income women.

Legislative and political landscape

Reproductive rights remain a contentious issue, reflecting the state’s political divide. While historically moderate on abortion, New Hampshire has seen more restrictive measures proposed in recent years, in line with national trends.

“State lawmakers have attempted a number of times to pass extreme abortion bans and will likely continue to do so,” Montgomery said. “Last session, extreme lawmakers attempted to pass a 15-day ban on abortion, which would have banned abortion before most women know they're pregnant.”

Future legislation may involve debates over further restrictions or efforts to protect and expand reproductive rights. Federal changes, such as shifts in Supreme Court rulings, could also influence state policies. The lack of explicit protections for abortion rights in the state constitution, Montgomery said, leaves New Hampshire open to further restrictions.

Looking ahead

Reproductive rights in New Hampshire will likely remain a key issue in state politics, with ongoing debates about the balance between individual rights and state regulations. And as voters and policymakers continue to grapple with these issues, the landscape of reproductive rights in New Hampshire may shift — and that’s why Montgomery stressed the importance of voter engagement in these evolving debates.

These articles are being shared by partners in the Granite State News Collaborative. For more information, visitcollaborativenh.org.