What You Need to Know About Surrogacy in Nevada

What You Need to Know About Surrogacy in Nevada

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Nevada Surrogacy Laws and Information

Surrogacy in Nevada presents a safe, well-regulated process for both intended parents and surrogates in this state to make their surrogacy dreams come true. Unlike other states in the U.S., Nevada has well-defined surrogacy laws that protect the rights and interests of all parties involved in this complicated but incredibly rewarding journey.

So, what exactly are the surrogacy laws in Nevada, and how will they affect your personal surrogacy process?

It’s always best to speak with an experienced surrogacy attorney in Nevada for more information about the current state of surrogacy laws in Nevada. In the meantime, American Surrogacy has answered some of your most commonly asked questions about surrogacy in Nevada here.

Q: Is surrogacy legal in Nevada?

A: Surrogacy laws in Nevada are very similar to the laws in California. Surrogacy is legal in Nevada, and there is a defined legal process for intended parents and surrogates to follow.

There are state regulations for the creation of Nevada surrogacy contracts, as well as requirements for surrogates and intended parents who wish to pursue this family-building process. These Nevada surrogacy laws result in a surrogacy process that effectively protects the rights and interests of all involved.

Q: Is compensated surrogacy legal in Nevada?

A: Yes. There are no surrogacy laws in Nevada that prohibit commercial surrogacy. Any base compensation a surrogate receives “must be negotiated in good faith between the parties.”

Q: Is traditional surrogacy legal in Nevada?

A: No. Traditional surrogacy is illegal in Nevada according to surrogacy laws regarding the eligibility of a Nevada surrogate in a legally enforceable surrogacy. The law requires that a surrogate “did not contribute any gametes that will ultimately result in an embryo that she will attempt to carry to term.”

Q: What does a surrogacy agreement in Nevada cover, and how does the legal process work?

A: Nevada surrogacy laws regulate the manner in which surrogacy contracts are drafted, as well as the requirements that each party must meet to make the contract enforceable in a court of law.

By state law, a surrogate must:

  • Have completed a medical evaluation
  • Have undergone legal consultation with an independent Nevada surrogacy attorney
  • Not contribute an egg to the embryo she will carry to term

Intended parents must also be separately represented by a surrogacy attorney for the drafting of a surrogacy contract.

The contract must be executed before the medical process of surrogacy can begin. The intended parents, the surrogate and her spouse (if applicable) must be parties to and consent to the surrogacy contract, which will include several aspects:

  • The rights and responsibilities of each party
  • The potential risks and liabilities for each party
  • Financial information, including surrogate compensation and insurance
  • How the intended parents’ rights will be established
  • The ability of the surrogate to choose a local physician for her care

Because there are a fair amount of Nevada laws regulating surrogacy contracts, you must work with an experienced surrogacy attorney to create a legal surrogacy contract in this state.

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Nevada?

A: Yes. As long as a Nevada surrogacy contract adheres to the state regulations, it is legally enforceable.

Q: What are the surrogacy laws in Nevada on parentage orders?

A: The process of establishing parental rights for intended parents in a Nevada surrogacy is a fairly straightforward and equal-opportunity one. Nevada surrogacy courts will issue pre-birth parentage orders to couples (married and unmarried) and individuals, regardless of the genetic relationship between them and their child born via surrogacy.

As always, please speak with a local Nevada surrogacy lawyer to learn more about how intended parents establish their parental rights in Nevada surrogacies.

Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Nevada?

A: No. All laws that apply to domestic intended parents will also apply to international intended parents completing a surrogacy in Nevada.

Q: When do intended parents need to complete an adoption after birth? 

A: Usually, there is no need for an adoption after the birth of a child via Nevada surrogacy; state surrogacy laws allow for all intended parents to obtain a pre-birth parentage order establishing their parental rights.

However, if intended parents from Nevada chose to complete a surrogacy in another state where they couldn’t obtain a parentage order, a post-birth adoption may be necessary. Speak with an experienced Nevada surrogacy attorney for more information on your particular situation.

Q: Does Nevada allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?

A: No, Nevada does not allow second-parent adoptions. Only married couples can complete a stepparent adoption after birth.

Q: If intended parents cannot complete a second parent adoption, how can unmarried non-biological intended parents protect their parental rights?

A: As mentioned, most intended parents will not need to complete an adoption after birth to establish their parental rights. However, if an unmarried couple of intended parents needs to complete a second-parent adoption, they can either get married in Nevada and then complete a stepparent adoption, or travel to another state that does allow second-parent adoptions. Upon their return, the Nevada Vital Records will honor their adoption order and update their birth certificate accordingly.

Q: What happens in cases where intended parents use a donor egg, sperm or embryo?

A: Intended parents will usually not need to complete any additional legal steps if their Nevada surrogacy uses a donor gamete. Nevada courts will grant pre-birth orders to intended parents regardless of their genetic connection to their child born via surrogacy.

Q: Are there any additional laws impacting same-sex surrogacy in Nevada?

A: No. LGBT intended parents are treated the same under Nevada surrogacy laws as any other intended parent in the state.

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If you are still considering surrogacy in Nevada or are ready to start your surrogacy process today, American Surrogacy can help. Our surrogacy specialists welcome both intended parents and prospective surrogates from Nevada, and our agency program can provide all of the case management and support services you need to have as successful a surrogacy experience as possible.

To learn more today, please contact our agency at 1-800-875-2229(BABY).

This article is not intended to be and should not be taken as legal advice. American Surrogacy makes no guarantee the information presented here is accurate and up-to-date, as surrogacy laws in Nevada are always subject to change. Please contact a local surrogacy attorney in Nevada for legal advice.