In vitro fertilization and preembryo transfer shall be performed in accordance with rules adopted by the department of health and human services and shall be available only to a woman:
   I. Who is 21 years of age or older;
   II. Who has been medically evaluated and the results, documented in accordance with rules adopted by the department of health and human services, demonstrate the medical acceptability of the woman to undergo the in vitro fertilization or preembryo transfer procedure;
   III. Who receives counseling pursuant to RSA 168-B:18, and provides written certification of the counseling and evaluation to the health care provider performing the in vitro fertilization or preembryo transfer procedure; and
   IV. Whose husband, if the recipient is married, receives appropriate counseling, pursuant to RSA 168-B:18, and:
      (a) Successfully completes the medical evaluation, if he is the gamete donor in the in vitro fertilization or preembryo transfer procedure;
      (b) Provides written certification of the nonmedical counseling and any evaluation to the health care provider performing the in vitro fertilization or preembryo transfer procedure; and
      (c) Indicates, by a writing, acceptance of the legal rights and responsibilities of parenthood for any resulting child, unless the husband contributes his sperm for the in vitro fertilization or preembryo transfer procedure.
Source. 1990, 87:2. 1995, 310:181, eff. Nov. 1, 1995.