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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.
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.
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.
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother.
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.
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.
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 is required for all parties involved in a surrogacy agreement.
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).
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.
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.
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
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 2019
