Surrogacy Contracts in Nevada: Everything You Need to Know

Nevada has enacted specific laws to regulate gestational surrogacy. These statutes create a clear framework that protects the rights of both intended parents and surrogates.

By defining responsibilities upfront, the state ensures that legal parentage is established efficiently. However, these protections are not automatic. They require a contract that adheres to strict legal standards.

Understanding these requirements is essential for a secure experience. American Surrogacy is here to guide you through a supported, legally protected surrogacy journey.

What Should Be Included in a Surrogacy Contract?

In Nevada, state law dictates specific elements that must be present for the agreement to be valid.

A comprehensive Nevada surrogacy contract generally covers:

Financial terms: The contract outlines surrogate compensation, including base pay, monthly allowances, and reimbursement for medical and travel expenses.
Parental rights: The agreement must state that the intended parents are the sole legal parents and that the surrogate (and her spouse, if applicable) relinquishes all rights to the child.
Medical risks and liability: This section includes an acknowledgment of the risks associated with IVF and pregnancy.
Conduct and lifestyle: The parties agree on diet, travel, and high-risk activities during the pregnancy.

Nevada law is specific. Using a generic template creates risk. Working with an agency confirms your contract meets every statutory requirement.

Legal Clearance: The Final Step Before Transfer

You cannot proceed to the medical phase of surrogacy in Nevada until "legal clearance" is issued. This confirmation tells the fertility clinic that a valid, compliant contract is in place.

The process follows these steps:

Step 1: Drafting The intended parents' attorney drafts the contract based on the specific needs of the match and Nevada law.

Step 2: Independent Review The surrogate must have her own independent legal counsel. Nevada law requires separate representation to ensure the contract is valid.

Step 3: Negotiation Attorneys work together to finalize terms.

Step 4: Signing The contract is signed and notarized.

Step 5: Clinic Notification A legal clearance letter is sent to the IVF clinic, allowing them to begin the medical protocol.

Can Surrogacy Contracts Be Enforced in Nevada?

Nevada has strong enforcement laws for gestational surrogacy. Statutes explicitly state that these contracts are valid and enforceable.

This statutory backing allows for pre-birth orders to be issued routinely. A pre-birth order directs the hospital to place the intended parents' names on the birth certificate immediately. In Nevada, this process is available to all intended parents—married, unmarried, single, heterosexual, or LGBTQ+.

What Happens if a Surrogacy Contract Is Breached?

Because Nevada contracts are backed by statute, the consequences for breaching them are clear.

Financial breaches: If a party fails to pay agreed-upon expenses, the court can enforce the payment terms outlined in the contract.
Behavioral breaches: If a surrogate violates lifestyle clauses (like smoking or travel restrictions), the contract will outline specific financial remedies or forfeitures.

Litigation is rare. The strength of the contract prevents most disputes. When you work with an agency, we provide support to resolve minor misunderstandings quickly.

Fair Surrogacy Compensation in Nevada and Payment Structure

Nevada law places no restrictions on compensation for surrogates. This allows intended parents and surrogates to agree on a fair amount.

Your contract structures these payments to provide security. Funds are typically held in an independent, bonded escrow account. This protects the surrogate by confirming the money is set aside before pregnancy begins, and it protects the intended parents by releasing funds only when specific contract milestones are met.

Medical Decisions and Control During Pregnancy

Nevada contracts balance the intended parents' involvement with the surrogate’s bodily autonomy.

The agreement allows intended parents to select the fertility clinic and physicians. It also grants them access to medical information and the right to communicate directly with providers.

No contract can force a woman to undergo a medical procedure against her will. While the contract can outline financial consequences for refusing agreed-upon care, the surrogate always retains control over her body. This is why we emphasize matching with someone who shares your medical ethics.

Termination and Selective Reduction Clauses

Topics like termination and selective reduction are difficult, but Nevada law encourages transparency. Your contract will explicitly state the parties' intentions regarding these scenarios.

The contract details the circumstances under which the intended parents might request a reduction or termination. While you cannot physically force a termination, the contract can enforce financial remedies if the agreed-upon plan is not followed. Discussing these scenarios during the matching phase prevents conflict.

Lifestyle Clauses: Travel, Diet, and Daily Life Considerations

Intended parents want to protect the daily health of the pregnancy. Lifestyle clauses in the contract set clear boundaries.

In Nevada, these provisions typically include:

Travel restrictions: Limiting travel during the third trimester ensures the baby is born in Nevada, where legal protections apply.
Substance use: Strict prohibitions on alcohol, tobacco, and non-prescribed drugs.
Diet and activity: Agreements to follow the medical advice of the treating physician.

Delivery Plans and Post-Birth Expectations

The birth should be a moment of celebration. Your contract outlines the birth plan so everyone knows their role.

Delivery room: The contract specifies who is allowed in the room—typically the intended parents and the surrogate’s support person.
Immediate care: It confirms that the intended parents will hold the baby first and make all medical decisions for the child immediately upon birth.

Insurance Requirements for Surrogacy Journeys

Nevada law requires that proper insurance coverage is addressed in the contract. Uniquely, Nevada has insurance laws that prohibit insurers from denying coverage solely because a woman is acting as a gestational carrier.

Reviewing policies: We help verify if the surrogate’s personal policy covers surrogacy.
Purchasing coverage: If her policy has an exclusion, the intended parents must purchase a standalone surrogacy insurance policy.
Life insurance: Contracts also require intended parents to fund a life insurance policy for the surrogate to protect her family.

Agency vs. Independent Surrogacy: Legal and Emotional Considerations

Nevada is a friendly state, which leads some to believe they can handle "independent surrogacy" without an agency. However, the legal stakes remain high.

In an independent arrangement, you are responsible for vetting professionals, managing the escrow account, and ensuring the contract meets every statutory requirement of NRS 126. If you miss a step, you could jeopardize the pre-birth order process.

An agency safeguards the process by:

Screening: We rigorously screen surrogates to ensure they are medically and psychologically ready.
Coordination: We manage the escrow and insurance so money never becomes a point of tension.
Legal guidance: We connect you with top Nevada attorneys to ensure your contract is accurate.