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Is Surrogacy Legal in Nevada ?

Surrogacy Law in Nevada

Nevada Surrogacy Law: Types of Surrogacy

Nevada permits Gestational Surrogacy. It is governed by Nevada Revised Statute (NRS) 126.500-126.810. Gestational Surrogacy is open to all Intended Parents from around the world regardless of:

  • Current and/or Previous Marital 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 reasonably compensated for her time, trouble, and inconvenience as well as reimbursed for her reasonable expenses, including any medical, legal or other professional expenses so long as that compensation is negotiated in good faith between the parties

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 ?

A prospective gestational carrier is eligible to be a gestational carrier if she: (a) has completed a medical evaluation relating to the anticipated pregnancy; (b) has undergone legal consultation with independent legal counsel regarding the terms of the gestational agreement and the potential legal consequences of the gestational carrier arrangement; and (c) gid not contribute any gametes that will ultimately result in an embryo that she will attempt to carry to term. There are no other specific requirements

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 a 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. Please note that under Navada law, unless the the PBO is issued by a Nevada district court in this State, it is not valid for any purpose as it relates to the child born of then Gestational Carrier Agreement, including, the recogniztion of  the Intended Parents‘ parentage or their placement on the birth certtificare.

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:


  • 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


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:


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


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 *

Robert M. Tzall
Law Offices of Robert M. Tzall
1481 W. Warm Springs Road, Suite 135
Henderson NV 89014
Phone: 702-666-0233


* 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.

Do you have questions about surrogacy law in your state? ​