Learn About Third-Party Assisted Reproduction & Surrogacy Law in Nevada
Everything you need to know about fertility law in Nevada, including surrogacy.
Disclaimer: TThis content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements in Nevada
- Gestational surrogacy is permitted, including compensated arrangements.
- Surrogacy agreements should be signed by all parties before the embryo transfer procedure.
- Parentage is established through pre-birth orders.
- Each party must have their own independent legal representation.
- Court involvement is required to secure a parentage order.
Nevada Surrogacy Law: What You Need to Know
Nevada is considered a surrogacy-friendly state, particularly for gestational surrogacy. Nevada surrogacy laws provide a framework for intended parents, surrogates, and donors to engage in surrogacy arrangements.
Nevada Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Permitted for both genetic and non-genetic intended parents |
| Gestational Surrogacy | Allowed |
| Traditional Surrogacy | Parentage may be more challenging to establish and is approached with caution |
| Surrogacy Agreement | Must be in writing and signed in the presence of a Notary Public. Highly recommended that the agreement is signed by all parties prior to an embryo transfer procedure |
| Legal Representation | Independent legal representation for each party is recommended |
| Health Insurance for Surrogates | Each party must have their own separate legal representation throughout the surrogacy process |
| Parental Rights for Non-Genetic Intended Parents | Fully recognized through court orders |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | Each Intended Parent will be listed on their child’s original birth certificate, which will be available about 2 weeks post-birth |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4-6 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Nevada for personalized advice.