Nevada

Surrogacy Law in Nevada

Nevada Surrogacy Law: Types of Surrogacy

Gestational Surrogacy is permitted in Nevada and governed by Nevada Revised Statute (NRS) 126.500-126.810.. Gestational Surrogacy is open to Intended Parents from around the world anyone regardless of:

  • Current and/or Previous Martial Status
  • Familial size/status
  • Citizenship
  • Residency
  • Lack of Genetic Connection to the Embryos Transferred to the Gestational Surrogate
  • Sexual Orientation

A Gestational Surrogate may be compensated for her time, trouble and inconvenience as well as her reasonable expenses, including any medical, legal or other professional expenses.

Nevada law recognizes the validity and enforceability of a written Gestational Surrogacy Agreement when the Agreement is drafted by an attorney and all parties are represented by independent legal counsel. The Agreement includes clear information regarding the parties’ legal, financial and contractual rights and obligations.

Upon the Agreement’s execution, 1) the Gestational Surrogate has no parental and/or custodial responsibilities in the child she is carrying on behalf of the Intended Parents and 2) all parental and/or custodial rights in the child carried by the Gestational Surrogate exclusively vests in the Intended Parent(s).

Nevada has no statute or case law permitting and/or governing Traditional (genetic) Surrogacy

Are There Surrogate Requirements in Nevada ?

No specific legal requirements exist to serve as a gestational surrogate in the state of Nevada.

Does Nevada Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: After confirmation of a fetal heartbeat, the Intended Parent(s) are responsible for obtaining a Pre-Birth Order (“PBO”) Affirming Parentage and Dictating the Contents of the Child’s Birth Certificate. Filing Fees are some of the lowest in the nation. The PBO can be obtained in a matter of days or weeks from any District Court in Nevada, typically without any hearing. Furthermore, the ability to obtain PBO, rather than having to wait for a Post-Birth Order of Parentage, is especially important for Intended Parent(s) from countries where Gestational Surrogacy is illegal or severely restricted.

For pre-birth orders, the conditions under which intended parents can be declared legal parents if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using their own egg and own sperm
Married heterosexual couples, using an egg or sperm donor
Unmarried heterosexual couple using an egg or sperm donor
Married same sex couples
Unmarried same sex couples
Single parent using own egg or sperm

No

For pre-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below:

Yes

Married heterosexual couples
Unmarried heterosexual couples
Married same sex couples
Unmarried same sex couples
Single parent

No

Whose names go on the birth certificate in Nevada ?

Parents will be listed on the birth certificate as “parent and parent.”

An international same-sex male couple can obtain a birth certificate listing the biological father and gestational surrogate as parents. It can later be amended after the fact to list both fathers and omit the gestational surrogate; a second parent adoption will need to be completed to execute the change.

 

Once a second parent adoption is obtained, Nevada Vital Records will add the second parent to the birth certificate.

Surrogacy Conditions for Same-Sex Couples in Nevada

Nevada has no restriction on same-sex couple availing themselves of Gestational Surrogacy

Are There Options for Unmarried Intended Parents in the state of Nevada ?

Yes! Nevada’s Surrogacy Statute has no requirements that the Intended Parents be married or be in a committed relationship. Any unmarried adult over the age of 21 can become a parent through gestational surrogacy.

Egg Donation Law

NRS 126.660 affirms the rights of the intended parents in such disputes: “A donor is not a parent of a child conceived by means of assisted reproduction.”

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Nevada *

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.