Your Guide to Surrogacy in Nevada

The surrogacy laws in Nevada are detailed and precise, making it easy for people to become parents through gestational surrogacy.

Method of Surrogacy Legal in Nevada

Gestational surrogacy is allowed, whereas traditional surrogacy is not permitted in Nevada. In gestational surrogacy, the gestational surrogate or carrier and the baby are not biologically related. The sperm and egg of the intended parents or donors are used to create an embryo through medical technology (in vitro fertilization (IVF)) and then transferred to the uterus of the surrogate. With this form of surrogacy, the intended parents can obtain either a pre-birth or post-birth order to secure their legal parental rights.

In traditional surrogacy, the surrogate donates her egg and carries the child. She is, therefore, the baby’s biological mother. According to state law, a surrogacy agreement can only be legal if the surrogate does not provide any of the gametes that will result in the embryo she will try to carry to term. This prohibits traditional surrogacy.

Marital Status and Genetic Connection to the Child

In Nevada, the intended parents do not have to be married to become the legal parents of a baby born of a gestational surrogacy arrangement. They also do not need to be biologically related to their child. Assisted reproductive attorneys find it fairly easy for intended parents to get parentage orders in Nevada.

Surrogate Compensation

In Nevada, a gestational carrier can be paid. The law states that any compensation received by the surrogate should be negotiated in good faith.

Creating a Surrogacy Legal Contract

According to Nevada law, a surrogacy contract has to be completed before beginning any medical processes. The contract covers several crucial points, such as:

  • The intended parents’ legal parental rights
  • Surrogate compensation
  • Risks and responsibilities
  • What people want to do in case of complications

The intended parents, gestational surrogate, and their surrogacy attorneys are required to participate in creating the surrogacy legal contract. If the surrogate is married, her spouse will need to participate as well. The spouse is involved to legally confirm not having parental rights to the child of the intended parents. In Nevada, surrogates and intended parents should be individually represented by different attorneys.

The separate attorneys are to ensure each party is justly advocated for in the legal stages of the surrogacy process. Once all participants have agreed to the final version of the contract and the attorneys have verified its compliance with the Nevada surrogacy laws, they can move to the medical stage.

The surrogacy laws in Nevada are more detailed as compared to most states. Additionally, people’s legal situation may vary depending on their individual situation. Therefore, it is crucial to work with an experienced local surrogacy attorney to learn the laws that affect one’s surrogacy journey.

Kimberly Surratt served for eight years on the executive council and has been the vice chair and then chair of the State Bar of Nevada Family Law Section. In addition, she is the President-Elect of the Nevada Justice Association and the chair of the domestic lobbying committee. She has lobbied with the Nevada Justice Association since 2004.

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