Nevada has some of the most detailed surrogacy laws in the United States. The precise nature of the surrogacy laws in Nevada makes it easier for residents to become a surrogate or to become parents through surrogacy safely and smoothly.
You’ll need to work with an experienced surrogacy professional to navigate NV surrogacy laws correctly. While the information below can offer a good look at the general rules and regulations of surrogacy in Nevada, you should always contact a surrogacy attorney if you have any legal issues with surrogacy or if you have any questions about surrogacy law in NV, as this guide is not intended as legal advice.
These are some of the most commonly asked questions about Nevada surrogacy laws, and the answers to those questions:
“Is Surrogacy Legal in Nevada?”
Yes. Gestational surrogacy is legal in Nevada, and how the process must be completed, as well as who is eligible and other important details, are defined in the gestational surrogacy laws in Nevada. This type of surrogacy is welcomed and is an increasingly common way to expand families.
“Is Traditional Surrogacy Legal in Nevada?”
No. Traditional surrogacy laws in Nevada are omitted from the Nevada surrogacy legislation that legalizes and regulates gestational surrogacy. State law says that a surrogacy agreement is only legal if the surrogate “did not contribute any gametes that will ultimately result in an embryo that she will attempt to carry to term,” which rules out traditional surrogacy. In addition to the Nevada surrogacy laws that prohibit traditional surrogacy, there aren’t many surrogacy professionals in the U.S. who will complete a traditional surrogacy, even in states where it is legal.
“Is Compensated Surrogacy Legal in Nevada?”
Yes. NV surrogacy laws state that any compensation a surrogate may receive “must be negotiated in good faith between the parties.” There are no laws on surrogacy in Nevada that prohibit the practice, so it is permitted.
“Is Same-Sex Surrogacy Legal in Nevada?”
Yes. The surrogacy process for same-sex couples and LGBT+ individuals in Nevada is generally the same as it is for anyone in the state. Nevada surrogacy laws are careful to equally protect the rights of all intended parents. The most common difference for same-sex couples and individuals pursuing surrogacy is that they’ll likely need the extra step of working with an egg or sperm donor to complete the IVF process.
Creating a NV Surrogacy Contract
The intended parent(s), the gestational surrogate, the surrogate’s spouse (if she’s married) and the separate surrogacy attorneys of the two parties will all need to participate in this important step. Your Nevada surrogacy legal contract must be completed before you can begin any medical processes, according to state law.
The purpose of separate attorneys is to ensure that each party is fairly advocated for during the legal process. The purpose of the surrogate’s spouse’s involvement (when applicable) is his legal confirmation to his lack of parental rights to the intended parents’ child.
Your surrogacy contract will encompass a range of topics, all of which will guide your surrogacy journey together. Surrogate compensation, expectations regarding contact, the risks and responsibilities that everyone agrees to, what everyone wants to do in the event of complications and other important details will all be outlined within your contract.
When you’ve all agreed to a final version of your contract and your attorneys have confirmed that it has met the surrogacy laws in Nevada, you’ll be able to move on to the medical stage together.
Determining Legal Parentage in Nevada
The laws on surrogacy in Nevada are detailed about how the legal parental rights of the intended parents are established. This typically occurs through pre-birth parentage orders, or in some situations, post-birth legal steps like adoptions.
In Nevada, it’s usually fairly easy for the intended parents to obtain a pre-birth parentage order, regardless of the parents’ marital status and regardless of whether or not the parent(s) are biologically related to their baby.
Talk to an adoption professional to learn more about the Nevada surrogacy laws that may affect you and your ability to pursue surrogacy, either as a hopeful parent or as a prospective surrogate. Everyone’s legal situation can be different, depending on your situation, so contact a surrogacy professional now to find out what surrogacy laws in Nevada will affect your surrogacy journey.