New HampshireLaw protects parenting based on biological sex in family decisions
New Hampshire law protects parenting based on a child’s biological sex in child protection, adoption, foster care, and custody decisions, while preserving other safeguards.
What it does
Raising children according to their biological sex cannot, by itself, count as child abuse or criminal child endangerment, or justify child protection cases. Other harmful conduct remains covered.
Refusing to support a child’s gender transition, or planning to raise a child according to biological sex, cannot alone disqualify adoptive or foster parents. Placements must still serve the child’s best interests.
Courts deciding custody cannot count raising a child according to biological sex against a parent. They can still weigh other factors affecting the child’s best interests.
Argument forPeople unwilling to support gender transition could remain eligible to adopt or foster, while officials still assess each child’s best interests.
Argument againstCourts could have less room to assess how parenting affects a child when parenting based on biological sex cannot count against a parent.
More detail
Child protection officials and courts cannot use this parenting alone as grounds for removing children, filing abuse or neglect cases, assuming harm, or ending parental rights. The child protection rules cover parents and guardians. The criminal exclusion also covers people with custody or control of children under 18 and people caring for or supervising them. The protection includes referring to children and making mental health or medical decisions based on their biological sex. Other acts or failures to act can still count as abuse, neglect, child endangerment, or harm to a child’s welfare. These rules took effect September 13, 2026.
Officials assessing adoptions cannot reject a parent or home on these grounds. Licensing officials cannot treat these views as endangerment or deny permission to foster because of them. These rules cover adoptive and prospective adoptive parents, licensed or prospective child placement providers, and people seeking permission to foster. Officials must still choose placements based on each child’s best interests. Officials may consider a child’s religious or moral beliefs in relation to a prospective parent’s beliefs. Parenting based on biological sex includes referring to children and making related mental health or medical decisions. These rules took effect September 13, 2026.
Courts cannot count this parenting against a parent when deciding parental rights and responsibilities, including where a child lives. The rule applies to parents in court decisions about their children’s care and living arrangements. This includes referring to a child and making mental health or medical decisions based on the child’s biological sex. Courts can still consider other factors relevant to the child’s best interests. This rule took effect September 13, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 20Signed by Governor Kelly Ayotte Ayotte 07/15/2026; Chapter 326; eff.09/13/2026Became Law
- Jul 6Enrolled Adopted, VV, (In recess 06/04/2026); SJ 15To Governor
- Jul 6Enrolled (in recess of) 06/04/2026 HJ 15 P. 56
- Jun 23Enrolled Bill Amendment # 2026-2189e: AA VV (in recess of) 06/04/2026 HJ 15 P. 53
- Jun 23Enrolled Bill Amendment # 2026-2189e Adopted, VV, (In recess of 06/04/2026); SJ 14Major
- Jun 4Conference Committee Report # 2026-2073c, Adopted, VV; 06/04/2026; SJ 14
- Vote recorded Adopt CofC Report. Result: pass.Lower
- Jun 4Conference Committee Report 2026-2073c: Adopted, RC 183-158 06/04/2026 HJ 15 P. 33
- May 28Conference Committee Report Filed, # 2026-2073c; 06/04/2026
- May 26Conferee Change; Senator Birdsell Replaces Senator Reardon; SJ 14
- May 26Conference Committee Meeting: 05/26/2026 02:00 pm GP 232
- May 20Conferee Change: Rep. Korzen Replaces Rep. Mazur 05/20/2026 HJ 13 P. 154
- May 20President Appoints: Senators Abbas, Rochefort, Reardon; (In Recess 05/14/2026); SJ 13
- May 20Sen. Abbas Accedes to House Request for Committee of Conference, MA, VV; (In recess 05/14/2026); SJ 13
- May 14Speaker Appoints: Reps. Rice, Mazur, Wheeler, Nelson 05/14/2026 HJ 13 P. 148
- May 14House Non-Concurs with Senate Amendment 2026-1938s (Rep. DeSimone): MA VV 05/14/2026 HJ 13 P. 148
- May 14Ought to Pass with Amendments #2026-1542s and #2026-1938s, MA, VV; OT3rdg; 05/14/2026; SJ 12Passed Senate
- May 14Sen. Reardon Floor Amendment # 2026-1938s, AA, VV; 05/14/2026; SJ 12
- May 14Committee Amendment # 2026-1542s, AA, VV; 05/14/2026; SJ 12
- Apr 20Committee Report: Ought to Pass with Amendment # 2026-1542s, 05/14/2026, Vote 2-1; SC 18Minor
- Mar 25Hearing: 04/02/2026, Room 100, SH, 10:00 am; SC 12
- Mar 17Introduced 03/12/2026 and Referred to Children and Family Law; SJ 7Minor
- Mar 11Ought to Pass with Amendment 2026-0865h: MA RC 171-143 03/11/2026 HJ 7 P. 61Passed House
- Vote recorded OTPA. Result: pass.Lower
- Mar 11Amendment # 2026-0865h: AA VV 03/11/2026 HJ 7 P. 60
- Mar 4Minority Committee Report: Inexpedient to Legislate
- Mar 4Majority Committee Report: Ought to Pass with Amendment # 2026-0865h 03/03/2026 (Vote 9-7; RC) HC 10 P. 29Minor
- Mar 4Executive Session: 02/10/2026 01:00 pm GP 230
- Feb 4Public Hearing: 02/10/2026 01:00 pm GP 230
- 2025
- Dec 2Introduced 01/07/2026 and referred to Children and Family Law HJ 1 P. 17Introduced
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