Surrogacy Contracts in Nevada: Everything You Need to Know

Nevada is widely regarded as one of the most progressive and “surrogacy-friendly” states in the nation. With a clear statutory framework under Nevada Revised Statutes, Nevada provides a secure legal foundation for everyone involved.

If you are a prospective surrogate, your journey is backed by some of the strongest protections in the country, but the key to that security lies in your written agreement. Unlike states that rely on unpredictable court cases, surrogacy contracts in Nevada are governed by specific laws that ensure your rights are protected from the moment you sign until long after the baby is born.

Get help creating or reviewing a surrogacy contract when you reach out to a surrogacy professional.

Can Surrogacy Contracts Be Enforced in Nevada?

The short answer is yes. In fact, Nevada is one of the few states where surrogacy contracts can be enforced through a clear, legal framework. For enforceability to be guaranteed, however, Nevada law requires that several strict conditions be met:

• The contract must be in writing and signed by all parties.
• The surrogate and the intended parents must have independent legal counsel (the intended parents typically pay for the surrogate’s attorney).
• The surrogate must have completed a medical evaluation and a mental health consultation prior to signing.
• The agreement must be signed and notarized within the state.

If these criteria are met, the contract is a legally binding document that the courts will uphold. It is important to note that Nevada law specifically covers gestational surrogacy.

Because the law defines a surrogate as someone who does not use her own eggs, traditional surrogacy is not protected by these statutes and is considered legally risky.

What Should Be Included in a Surrogacy Contract?

When you are in the contract negotiation stage, the goal is to leave no stone unturned. Understanding surrogacy contract basics helps you advocate for a journey that feels safe and fair.

What should be included in a surrogacy contract in Nevada typically includes:

• Parentage Provisions: Clear language stating the surrogate has no parental rights and the intended parents have full legal custody.
• Financial Details: A comprehensive payment schedule including base pay and reimbursements.
• Medical Care: Agreements on choosing an OB doctor and the surrogate’s right to make her own health decisions.
• Contingencies: Procedures for termination for medical reasons or selective reduction agreements.

Legal Clearance: The Final Step Before Transfer

The legal clearance process in Nevada has a unique and vital step. According to NRS 126.720, a Nevada district court must “validate” the gestational agreement prior to the embryo transfer.

Your attorney will file a petition with the court once the contract is signed. The court then issues an order confirming the agreement is valid and declaring the intended parents as the legal parents of any resulting child. This “pre-clearance” is what allows fertility clinics to proceed with the medical phase, knowing the legal work is ironclad.

Fair Surrogacy Compensation in Nevada and Payment Structure

Nevada has no legal cap on compensation, which allows for fair surrogacy compensation that reflects the surrogate’s time, effort, and the medical risks involved. Nevada surrogates can expect a base compensation package ranging from $55,000 to $90,000+, depending on experience.

Your payment schedule options are usually clearly defined:

1. Milestone Payments: Small sums paid for starting surrogacy medications or completing the embryo transfer.
2. Monthly Installments: Once a pregnancy is confirmed via ultrasound, the base pay is usually split into 10 monthly installments.
3. Escrow Protection: Nevada law requires an escrow account (or similar trust account) to be funded by the intended parents before any medical procedures begin. This ensures your payments are secure and managed by a neutral third party.

What Happens if a Surrogacy Contract Is Breached?

A breach of surrogacy contract occurs if a party fails to meet their legal obligations—for example, if the intended parents fail to fund the escrow account or if the surrogate fails to follow travel restrictions.

Because surrogacy contracts in Nevada are statutory, breach of surrogacy contract consequences are handled through the civil court system. Most contract disputes are first addressed through mediation, but the court has the power to enforce the specific financial or parentage terms laid out in the agreement.

Medical Decisions and Control During Pregnancy

Even with a detailed contract, you remain the patient. Nevada law protects the surrogate’s right to bodily autonomy.

• Decision-Making: The contract defines how decisions are made, but the surrogate generally retains the right to follow the advice of her chosen medical professionals.
• Medical Records: The agreement will outline medical records access rights, allowing intended parents to stay informed about the baby’s development without violating the surrogate’s personal medical privacy.
• Doctor Choice: Most surrogacy contracts in Nevada specify that the surrogate has the right to use her own local OB/GYN for prenatal care.

Termination and Selective Reduction Clauses

These are deeply personal topics that must be discussed during the contract negotiation stage. Termination for medical reasons and selective reduction agreements outline what will happen in the event of severe fetal abnormalities or risks to the surrogate’s health.

While these are written into the contract to ensure everyone is on the same page, under Nevada law, abortion decisions in contracts cannot be “forced” on a woman. However, a surrogate’s refusal to follow the agreed-upon plan can have significant financial and legal “exit” implications defined within the contract.

Lifestyle Clauses: Travel, Diet, and Daily Life Considerations

Lifestyle clauses are designed to ensure a healthy environment for the pregnancy. Common terms include:

• Dietary and Exercise: Agreed-upon diet restrictions (like avoiding raw fish) and exercise restrictions (avoiding high-risk contact sports).
• Travel: Most surrogacy contracts in Nevada include travel restrictions during pregnancy, particularly during the third trimester or to areas with known medical risks (like Zika-endemic zones).

Insurance Requirements for Surrogacy Journeys

Nevada has an incredibly surrogate-friendly insurance law (AB 472), which prohibits insurance companies from denying maternity coverage just because a woman is acting as a gestational carrier.

• Health Insurance: Your attorney will confirm your current policy is surrogate friendly insurance.
• Life Insurance: The contract will require the intended parents to purchase a life insurance policy for you to protect your family.
• Disability Insurance: You should ensure you have disability insurance coverage in case you are placed on bed rest and are unable to work.

Delivery Plans and Post-Birth Expectations

Your contract should explicitly detail your labor and delivery preferences.

• Delivery Room Presence Rights: You can specify who is allowed in the delivery room during the birth.
• Recovery: The agreement covers your recovery time and provides for items like pumping agreements if you choose to provide breast milk for the baby after birth.

Agency vs. Independent Surrogacy: Legal and Emotional Considerations

Choosing between an agency vs. independent journey often comes down to how much “safety net” you want.

	Agency Journey	Independent Journey
Legal Vetting	Agency coordinates all filings and legal clearance.	You must manage the court validation process yourself.
Escrow Management	Managed by professional, bonded third parties.	You must ensure the intended parents set this up correctly.
Dispute Resolution	Agency acts as a buffer and promotes positive relationships to prevent disputes.	Any contract disputes are handled directly through attorneys as a last resort.
Emotional Support	Dedicated case managers and support groups.	You rely on your own support network.

Ensure Your Nevada Surrogacy Contract Covers Every Detail

Nevada offers one of the most stable and supportive legal environments for surrogacy in the world. However, because the law is so detailed, you need an agreement that matches its precision.

If you are wondering about how to make a surrogacy agreement, or if you need help finding an attorney to review your agreement, get help from a surrogacy professional here.