Is Surrogacy allowed in the State of Nevada?
Yes, Nevada does allow a surrogacy/gestational carrier arrangement.You must comply with the minimum requirements of Nevada law, including but not limited to have a valid contract.
What is the difference between a Surrogate and a Gestational Carrier?
Over time these terms have been confused.A “surrogate” has in the past referred to what we call “traditional surrogacy” in which the third party that is carrying a baby is also the egg donor, meaning she is genetically related to the child.A “gestational carrier” is a woman who carries a baby for a third party or parties who is not genetically related to the child, meaning her egg was not used.Traditional Surrogacy is not allowed in Nevada.However, the term “surrogate” is interchangeable with the term “gestational carrier”.
Are Surrogacy / Gestational Carrier agreements enforceable in Nevada?
Yes, a gestational carrier agreement is enforceable in Nevada.In fact, Nevada requires that you have a gestational carrier agreement in place before the Carrier is on her medications in order intended parents to be declared the parents of a child pursuant to the arrangement.
Is traditional surrogacy allowed in the State of Nevada?
No, Nevada specifically does not permit traditional surrogacy by statute.The law in Nevada provides that the Surrogate / Gestational Carrier can not be genetically related to the child born of the process.You must utilize either the egg of an intended mother or an egg donation from another third party.
Can you pay a surrogate/gestational in the State of Nevada?
Yes, a gestational carrier may be paid/compensated in the State of Nevada.Under Nevada’s old surrogacy statute, compensation was not permitted but that was specifically repealed in October of ***
Do intended parents in a Surrogacy / Gestational Carrier Arrangement have to be married in the State of Nevada?
No, Intended Parents in a Surrogacy / Gestational Carrier Arrangement do not have to be married in the State of Nevada.
Can a single Intended Parent utilize a Surrogate / Gestational Carrier in the State of Nevada?
Yes, a single Intended Parent can utilize a Surrogate / Gestational Carrier in the State of Nevada.
Can an embryo donor be used in the State of Nevada?
Yes, it is permissible by statute to use an embryo donation in the State of Nevada and be the legal parent of the child.
Can an egg donor be used in the State of Nevada?
Yes, it is permissible by statute to use an egg donation in the State of Nevada and be the legal parent of the child.
Do the Intended Parents in a Surrogacy / Gestational Carrier Arrangement need to have a genetic link to the child?
No, the Intended Parents in a Surrogacy / Gestational Carrier Arrangement do not need to have a genetic link to the child.
Do same-sex Intended Parents have to register in the State of Nevada as domestic partners to be the legal parents of a child born of a Surrogacy / Gestational Carrier Arrangement?
No, same-sex Intended Parents do not have to register in the State of Nevada as domestic partners to be the legal parents of a child born of a Surrogacy / Gestational Carrier Arrangement.
Can Intended Parents of a Surrogacy / Gestational Carrier Arrangement obtain a pre-birth order in the State of Nevada?
Yes, by statutory authority, Intended Parents can obtain a pre-birth court order designating them as the parents of a child born of a Surrogacy / Gestational Carrier Arrangement.
Can Intended Parents of a Surrogacy / Gestational Carrier Arrangement obtain a post-birth order in the State of Nevada?
Yes, by statutory authority, Intended Parents can obtain a post-birth court order designating them as the parents of a child born of a Surrogacy / Gestational Carrier Arrangement.
Is a hearing required for a pre-birth order to be obtained in the State of Nevada?
No, a hearing is not automatically required for a pre-birth parentage order in the State of Nevada.The Court always retains the authority to require a hearing.However, historically the Court only requires a hearing when the parties have not followed Nevada law.
Do I have to have a lawyer for a surrogacy/gestational carrier arrangement?
Pursuant to Nevada law, both the Intended Parents and the Surrogate / Gestational Carrier must have independent legal counsel while negotiating and entering into their written Agreement.
What state should I have an attorney in for a surrogacy/gestational carrier arrangement?
It is highly recommended that you obtain a lawyer in the state in which the child/ren will be born.That is the state that will determine parentage and issue the birth certificate.Under Nevada law, both the Intended Parents and the Surrogate / Gestational Carrier must have independent legal counsel.
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Surrogate / Gestational Carrier?
Yes, an international same-sex male couple can obtain an initial birth certificate naming the biological father and the Surrogate / Gestational Carrier.However, it may only be done with specific court orders and the couple must understand that each Judge operates differently and there is a possibility that the Judge is unwilling to assist them with this request.
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father and/or both fathers, with no mention of the Surrogate / Gestational Carrier?
Yes, an international same-sex male couple subsequently obtain a birth certificate naming only the biological father and/or both fathers, with no minion of the Surrogate / Gestational Carrier.However, it may only be done with specific court orders and the couple must understand that each Judge operates differently and there is a possibility that the Judge is unwilling to assist them with this request.
