STATE SURROGACY LAW:

Nevada Surrogacy Laws

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Overview

Surrogacy in Nevada is a reliable and well-regulated process for both intended parents and surrogates. Since 2013, gestational surrogacy has been protected by the statute Nev. Rev. Stat. NRS 126.500-126.810, which sets the conditions for gestational surrogacy contracts.

Types of Surrogacy Available in Nevada

Can a parentage order be obtained for the following?

Traditional surrogacy is not protected by existing statutes in Nevada, as the law dictates that a surrogate “did not contribute any gametes that will ultimately result in an embryo that she will attempt to carry to term.” Parentage in these cases must follow adoption proceedings, which requires that the surrogate wait three days before terminating her parental rights. Additionally, compensation is not allowed for traditional surrogacy cases.

Although traditional surrogacy is not prohibited in Nevada, most attorneys and agencies strongly advise against the practice given the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.

Gestational surrogacy

YES

Commercial surrogacy

YES

Traditional surrogacy

Altruistic surrogacy

YES

Parentage

Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?

– Both Intended Parent(s) can be named on the parentage order

– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.

Rights of Egg or Sperm Donor(s)

According to Nevada statute NRS 126.660, donors of sperm or egg for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child.

Surrogacy Steps in Nevada

Surrogacy Process in Nevada

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations at the fertility center

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth order

Proceedings begin after the first trimester

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

5-10 business days

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

Gestational surrogacy contracts in Nevada are recognized and enforced as long as the Nevada statutory requirements are met (N.R.S. 126.500-126.810.)

Independent Counsel

Independent counsel is required for all parties involved in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Nevada has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

VARIES

Hearings for a pre-birth order depend on the discretion of the judge, as does the required presence of the parties. A copy of the Nevada gestational carrier agreement must be attached to the pre-birth order petition (N.R.S. 126.720).

Bases of Venue

What are the bases of venue?

Any county in the state as long as child is born in Nevada

Do rulings vary by venue?

Can you file a motion to waive venue?

YES

International Issues

Nevada is very friendly to surrogacy, and this extends to international Intended Parent(s). All laws that apply to domestic Intended Parents will also apply to international Intended Parents completing a surrogacy agreement in Nevada. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.

Residency Requirements

Does Nevada have any residency requirements for out-of-state or International Intended Parents?

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the genetic Intended Father and Gestational Carrier?

Can an international same-sex male couple obtain an initial birth certificate naming only the genetic Intended Father?

YES

Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 8 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

Shoshana Kunin-Leavitt
Kunin Law Group
10845 Griffith Peak Drive, Suite 200
Las Vegas, NV 89135
(702) 438-8060
shoshana@kuninlawgroup.com
www.kuninlawgroup.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated October 2023