GESTATIONAL SURROGACY LAW NEVADA

Nev. Revised Statutes 126.500-126.810 expressly permits gestational surrogacy.  Nevada has  detailed surrogacy laws that make it easy to become a surrogate or an intended parent and is a common way to build families.

Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Nevada, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.

Below is a list of some of the most frequently asked questions about surrogacy in Nevada.

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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 Traditional 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 an 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.

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Same-Sex Surrogacy in Nevada

Q: Is Same-Sex Surrogacy Legal in Nevada?
A: Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure. 

Q: Are There any Additional Laws Impacting Same-Sex Parenting in Nevada?
A: No. There are no additional laws impacting same-sex parents in this state

FAQ’s

Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Nevada?

A: Yes. Surrogacy contracts are enforceable as long as they meet the requirements set forth in Nevada surrogacy laws.

Q: Are there any particular laws for parents outside the United States Who Complete a Surrogacy in Nevada?

A: No. All laws that apply to domestic intended parents also apply to international intended parents completing a surrogacy in Nevada.  It is important, however, that Intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.

Q: When do Intended Parents Need to Complete an Adoption After Birth?

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

The exception to this is if intended parents from Nevada complete a surrogacy in another state where they can’t obtain a parentage order or a post-birth adoption order, a post-birth adoption may be necessary.

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: If an unmarried couple of intended parents needs to complete a second-parent adoption, they can either travel to another state that does allow second-parent adoptions or they can get married in Nevada and then complete a stepparent adoption. If they choose to go out of state to complete their second-parent adoption, the Nevada Vital Records will honor their adoption order and update their birth certificate accordingly upon their return.

Q: What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?

A: Because Nevada courts will grant pre-birth orders to intended parents regardless of their genetic connection to their child born via surrogacy, they usually do not need to complete any additional legal steps if their Nevada surrogacy uses a donor egg, sperm, or embryo. 

REPRODUCTIVE LAW PRACTITIONERS

Shelly Cooley
Las Vegas, NV
scooley@colleylawlv.com
(702) 265-4505

Robert Tzall
Hendersen, NV
robert@tzalllegal.com
(702) 666-0233

Eric Stovall
Las Vegas, NV
eric@ericstovalllaw.com
(702) 222-0422

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