The Legal Process of Surrogacy: What Intended Parents Need to Know

Yes, gestational surrogacy is legal in Nevada. The state is considered surrogacy-friendly for all types of intended parents, including married, unmarried, same-sex, and opposite-sex couples. Traditional surrogacy, however, is not permitted by the governing statutes, NRS 126.500-126.810, which provide that a surrogate must not have contributed her own eggs to the embryo that she will attempt to carry to term.

The Legal Steps in Surrogacy

Find a Surrogate: This is often done through an agency or sometimes via personal connections. Regardless of how you find your surrogate, ensuring they meet legal and medical criteria is crucial. In Nevada, a surrogate must be an adult, have given birth to at least one child, and have undergone medical and psychological evaluations. If using an agency, it is imperative that the parties do their research and utilize an agency that is known to have high standards and good practices throughout the screening and matching process.
 

Surrogacy Agreement: This is the cornerstone of the legal process. Nevada law requires intended parents and the surrogate to have a written surrogacy contract in place before any medical procedures begin. This agreement outlines rights, responsibilities, and expectations for all parties involved. Both intended parents and the surrogate must have independent legal representation to ensure fairness and understanding of the contract terms. If the surrogate is married or in a domestic partnership, her spouse or domestic partner must also be a party to the contract.

Key topics covered in the agreement include:

• Compensation (if applicable)
• Medical procedures
• Parental rights
• The surrogate’s role during pregnancy
• Health insurance coverage

Court Approval: Nevada law allows for the establishment of parental rights before the child is born. This is done through a pre-birth order, which legally declares the intended parents as the child’s legal parents immediately upon birth. This step protects intended parents from potential disputes about parentage and ensures that they are the ones listed on the birth certificate.

Post-Birth Steps: Depending on where the intended parents reside, a post-birth order may also be required following the birth of the child. It is important to check with your attorney to ensure all final paperwork is completed, especially if international laws or immigration concerns are involved.

Why You Need an Attorney

While Nevada’s laws are favorable to surrogacy, navigating this process without legal guidance is prohibited under Nevada law. A qualified family law attorney will not only draft and review your surrogacy agreement but also guide you through the court process to establish your parental rights. This legal oversight ensures that both intended parents and surrogates are protected, making the journey to parenthood smoother and more secure.