New Hampshire HB 1376: relative to a parent's ability to raise their child in a manner consistent with the child's biological sex and relative to breast surgeries for minors.

Bill Text

HB 1376 - AS AMENDED BY THE SENATE

11Mar2026... 0865h

05/14/2026 1542s

05/14/2026 1938s

2026 SESSION

 26-3035

 12/09

HOUSE BILL 1376

AN ACT relative to a parent's ability to raise their child in a manner consistent with the child's biological sex and relative to breast surgeries for minors.

SPONSORS: Rep. Korzen, Coos 7; Rep. Kesselring, Hills. 18; Rep. Litchfield, Rock. 32; Rep. Mazur, Hills. 44; Rep. Prudhomme-O'Brien, Rock. 13; Rep. Reinfurt, Hills. 29; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Sirois, Hills. 32; Rep. Thibault, Merr. 25; Sen. Murphy, Dist 16; Sen. Avard, Dist 12

COMMITTEE: Children and Family Law

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AMENDED ANALYSIS

 This bill:

 I. Exempts child rearing consistent with the child's biological sex from being considered within the definitions of abused child and endangering child welfare. 

 II. Removes child rearing consistent with the child's biological sex from being a basis for findings relative to family law determinations, including: adoptions, child-placing agency licensing, and best interests of the child determinations.

 III. Permits a physician to perform breast surgery on a minor in certain instances if the procedure is at the election of the minor in consultation with her primary care physician.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2026... 0865h

05/14/2026 1542s

05/14/2026 1938s 26-3035

 12/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to a parent's ability to raise their child in a manner consistent with the child's biological sex and relative to breast surgeries for minors.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Definitions; Parenting Based on Biological Sex Excluded. Amend RSA 169-C:3, II to read as follows: 

 II.(a) "Abused child" means any child who has been: 

 [(a)] (1) Sexually abused; or 

 [(b)] (2) Intentionally physically injured; or 

 [(c)] (3) Psychologically injured so that said child exhibits symptoms of emotional problems generally recognized to result from consistent mistreatment or neglect; or 

 [(d)] (4) Physically injured by other than accidental means; or 

 [(e)] (5) Subjected, by any person, to human trafficking as defined in RSA 633:7; or 

 [(f)] (6) Subjected to an act prohibited by RSA 632-A:10-d. 

 (b) No child shall be considered an "abused child" under this chapter for the reason that they have been raised by their parent or guardian consistent with their biological sex, including but not limited to referring to a child consistent with their biological sex and making mental health or medical decisions based on the child's biological sex. Nothing in this subparagraph shall be construed to authorize any other acts or omissions that meet the definition of "abused child" in subparagraph II(a). 

 2 New Section; Basis for Findings of Child Abuse; Exclusions. Amend RSA 169-C by inserting after section 6-b the following new section: 

 169-C:6-c Basis for Findings of Child Abuse; Exclusion. 

 I. Parents or guardians raising a child consistent with their biological sex, referring to a child consistent with their biological sex, or making mental health or medical decisions based on the child's biological sex shall not constitute a basis for: 

 (a) A court order relative to removing a child from the home, as described in RSA 169-C:6-b;

 (b) Grounds for filing a petition alleging neglect or abuse of a child, as described in RSA 169-C:7;

 (c) Evidence of conduct establishing the rebuttable presumption of harm defined in RSA 169-C:12-f; 

 (d) Grounds for filing a petition for the termination of the parent-child relationship, as described in RSA 170-C:4; or 

 (e) Conditions for termination of the parent-child relationship as described in RSA 170-C:5. 

 II. Nothing in this section shall be construed to preclude consideration of any other acts or omissions that meet the definition of abuse or neglect of a child, or that are contrary to the child’s welfare, as defined or provided for under this chapter. 

 3 New Paragraph; Endangering Child Welfare; Exclusion Added. Amend RSA 639:3 by inserting after paragraph VI the following new paragraph: 

 VII. Any parent, guardian, or person having custody or control over a child under 18 years of age, or any other person providing care to or supervision of such child, is not guilty of endangering the welfare of a child under this section for raising a child consistent with the child’s biological sex. Raising a child consistent with their biological sex shall include, but is not