Surrogacy Laws in Nevada

Surrogacy in Nevada

For those who are considering surrogacy in Nevada, you may wonder if it’s even legal for an intended parent to use a surrogate in order to have their baby. Luckily, Nevada is a surrogate-friendly state. It actually has some of the most detailed laws surrounding surrogacy. Nevada has always been particularly liberal about its stances on things like gambling and divorce. It’s included gestational surrogacy as well. If you’re an interested parent looking to find a surrogate in Nevada, then here’s what you need to know about surrogacy laws in Nevada.

Can You Use a Surrogate in Nevada Legally?

Thanks to a law passed by Nevada, it is legal to use a commercial surrogate agency within the state of Nevada. It’s also legal to use an independent surrogate. In particular, the use of a gestational surrogate is legal.

Gestational involves IVF and an embryo transfer for the conception of the baby. Intended parents undergo IVF to create an embryo with a fertility clinic. The fertility clinic then takes the embryo and places it in the surrogate through an embryo transfer.

This is an often effective and successful way for a healthy pregnancy to begin.

However, before the healthy pregnancy can get started, intended parents need to fill out a pre-parental form that needs to be checked over by the court to ensure the process is legal.

Has Nevada Legalized Traditional Surrogacy?

The surrogacy laws in Nevada do not cover traditional surrogates. This kind of process involves the use of the surrogate’s own eggs to conceive the baby. Because it can have a lot of problems determining custody of the child, few states–let alone agencies–allow for this kind of process to occur.

If you want to use a surrogate to carry your baby safely, then you’ll need to use a gestational one in Nevada.

Are Surrogates Paid in Nevada?

Every surrogacy agency in Nevada that is compliant with the law pays their surrogates. Nevada has strict enforcement on ensuring that surrogates are compensated for their time and effort. While each surrogate agency has its own compensation rates and benefits, you can be sure that if you use an agency to find you a surrogate, then that surrogate is going to be paid.

The law essentially states that both intended parents and the surrogates must negotiate the price in good faith. This is typically done through an agency that sets the price per surrogate journey.

Are Same-Sex Couples Allowed to Use a Surrogacy Agency in Nevada?

Nevada’s laws allow for same-sex couples to use a surrogate in order to have their baby. Whereas some laws in other states may prohibit same-sex couples from using the process of surrogacy to have a baby, this isn’t the case in Nevada. Whether you’re unmarried or married, if you’re part of a same-sex partnership, then you can use the process of surrogacy to have a baby in Nevada.

The only additional step that a same-sex couple might face that’s different from an intended parent of an opposite-sex partnership is needing an egg or sperm donor. While opposite-sex couples may need an egg or sperm donor as well, same-sex couples will require a donor more often.

This is a service that our agency is ready to help you with. We can find you a surrogate and refer you to a fertility clinic where you can find an egg or sperm donor that fits you best. Your surrogate is sure to have a healthy pregnancy whether you use donated eggs and sperm or not.

Forming a Surrogate Contract

After you have joined an agency and been matched with a surrogate, the first big step that you’ll take is in completing a surrogate contract. Intended parents and the surrogate will have a surrogacy lawyer there to help you make the contract. It’s often a good idea to have two different lawyers. Each surrogacy lawyer can represent both sides of the partnership.

The contract is necessary for the Nevada court to approve it. There are a lot of details that need to be covered in the contract. It also has to be written in such a way that it can be accepted.

While intended parents and the surrogate should work together to create a contract that both are satisfied with, the actual language of the contract should be left to the attorney to write.

If the surrogate has a spouse, they should also be present. He’s there to acknowledge that he doesn’t have any parental rights to the baby throughout the process.

As for the content of the contract, it spans quite a few different topics. One of them is compensation. It ensures that the surrogate is paid the correct amount of money. Intended parents will know their final cost and surrogates will understand how much the process will earn her.

Another topic is the risks that are involved in the process. While agencies put in surrogacy qualifications to limit some of the risks, pregnancy is never something that can be accurately foreseen. Even the healthiest surrogates who pass our surrogacy qualifications may end up facing problems with her pregnancy.

The contract will acknowledge these risks and lay down steps for what should occur in the event that one arises. For example, what is the plan if a condition arises in which the surrogate has to reject the baby because her life is at risk? What happens if three miscarriages occur? Intended parents, the surrogate, and the attorneys will together to create a plan that benefits all.

After the contract has been agreed to, the attorney will ensure that it complies with the laws of Nevada. After it’s cleared, you’re able to start the medical process of surrogacy.

How is Legal Parentage Determined in Nevada?

A lot of intended parents may be anxious about ensuring that they receive custody of the baby after it is born. Legal parentage is established typically through a pre-birth parentage order. This order goes through the court and is typically granted pretty easily.

Nevada doesn’t have any laws about declining the pre-birth parentage order if you’re single or if the baby doesn’t biologically belong to you.

In the event that intended parents choose to wait to establish legal parentage, then you can always use post-birth legal steps like adoption.

In that regard, it’s best to speak to an adoption agency, so you understand what legal steps you need to take to claim legal parentage over your adopted baby.

Start Your Journey Today

Those who live in the state of Nevada will find that using a surrogate to give birth to their baby is incredibly easy. However, legalities are always difficult to understand. Joining our agency can give you easy access to a surrogate attorney. That attorney can help explain the legal steps you need to take more clearly.

Joining a surrogate agency also has other benefits like ensuring that your surrogates are mentally and physically screened before being accepted. They also help remind you of upcoming appointments and visits, so you can be there to support your surrogate and enjoy pregnancy.

If you’re ready to start your journey of becoming a parent, then contact our team today. We’re eager to help.