GESTATIONAL SURROGACY LAW NEVADA

Is Gestational Surrogacy Legal in Nevada?

Yes. Gestational surrogacy is legal in Nevada. The gestational surrogacy laws in this state make it an increasingly common way to expand families.

Is Traditional Surrogacy Legal in Nevada?

No. Traditional surrogacy is not expressly permitted by statute. It may still be allowed, but a formal, full adoption will be necessary for the intended parents to secure their parental rights. This requires that the surrogate wait three days before she may terminate her parental rights. Compensation is not allowed in traditional surrogacy arrangements.

Regardless of its place in the law, most surrogacy professionals won’t complete a traditional surrogacy due to the increased legal and emotional risks involved.

Is Commercial Surrogacy Legal in Nevada?

Yes. Commercial surrogacy is legal in Nevada, and the intended parents are permitted to compensate the surrogate for her time and expenses. In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly Housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other depending on agency

Creating a Nevada Surrogacy Contract

Nevada surrogacy laws set out a list of requirements for all gestational surrogacy contracts created in this state to be enforceable by 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

The intended parents, the surrogate, and her spouse (if applicable) must be parties to and consent to the surrogacy contract, which will address, at minimum, the following:

• 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

Intended parents must be represented by separate surrogacy attorneys for the drafting of the surrogacy contract. Once both parties have signed the contract, the medical process of surrogacy can begin.

Determining Legal Parentage in Nevada

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, or in some situations, post-birth legal steps like adoptions. The process of establishing your parental rights is relatively straightforward.