Surrogacy in Nevada

Gestational Surrogacy in Nevada

Surrogacy is legal in Nevada. Not to be outdone by its neighboring state of California, Nevada also has a surrogacy statute (Nevada Revised Statute 126.500-126.810) that permits gestational surrogacy for all intended parents regardless of marital status, sexual orientation, genetic connection, or medical need. Pre-birth and post-birth orders are available. The Nevada statute specifically provides that parties may enter into gestational carrier agreements which contemplate payment of consideration for surrogacy services. The statute also requires that the gestational carrier agreement expressly state that the gestational carrier and her legal spouse/partner relinquish all rights and duties to the child conceived through assisted reproduction and that it is the intended parent(s) who are the parents of any resulting child. While the gestational carrier agreement would already state this regardless of the prevailing state law, Nevada has appropriately made this a statutory requirement for any gestational carrier agreement. Way to go Nevada!

Understanding Surrogacy Laws in Nevada

Legal Parentage

In Nevada, pre-birth orders are allowed for married couples, unmarried couples and single individuals whether they are heterosexual or same-sex, and regardless of their genetic connection to the child.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Nevada Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes  

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Nevada Surrogacy Law

Do You Need a Medical Need for Surrogacy in Nevada?

Nevada does not require a medical need for surrogacy.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Nevada permits married couples, partners, and single individuals to pursue surrogacy, regardless of marital status.

Do Intended Parent(s) need a genetic connection to the embryo?

In Nevada, intended parents do not need a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in Nevada?

International parents can pursue surrogacy in Nevada. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Nevada allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. However, how parentage is established may vary. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Nevada. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Nevada?

Generally, no. Intended parents do not need to be Nevada residents to carry out a surrogacy journey in Nevada. Similarly, gestational carriers are not required to reside in Nevada.

Nevada does require at least one part of the surrogacy process happens in Nevada, meaning that either the intended parent or surrogate resides in Nevada, the child is intended to be or born in Nevada, the gestational carrier act is executed in Nevada, or the medical procedures for assisted reproduction happened in the state.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

Nevada’s Parentage Act outlines the rights and obligations of surrogates. Learn more about surrogate rights.