Legality of Surrogacy in Nevada
Nevada has well-defined surrogacy laws. Courts in Nevada will issue a pre-birth order to married and unmarried couples, same sex-couples and individuals regardless of the genetic relationship to the child. The state does regulate the surrogacy contracts and has specific requirements for the intended parents and surrogates.
Requirements for surrogates include:
Complete a medical evaluation
Not contributing any gametes that will result in an embryo that she will attempt to carry to term
Have independent legal consult in the state of Nevada. Because there are so many surrogacy laws in Nevada, you must work with a surrogacy attorney to create a legal surrogacy contract.
We pre-screen our surrogate candidates to make sure they meet the requirements of the Nevada law before we look to find their perfect matches.
After your surrogate is cleared by your IVF clinic, it’s legal contract time. Your attorney will draft up the contract, in compliance with the specific Nevada requirements, and go over it with you in detail. Your surrogate’s attorney will then review the contract with her. Nevada law can apply to the Gestational Carrier Agreement so long as one of the following conditions apply
(1) The resulting child is anticipated to be born Nevada;
(2) The resulting child was born in Nevada;
(3) The intended parent or parents reside in Nevada;
(4) The intended parent or parents resided in Nevada when the gestational agreement was executed;
(5) The gestational carrier resides in Nevada;
(6) The gestational agreement was executed in Nevada; or
(7) The medical procedures for assisted reproduction that were performed pursuant to the gestational agreement and resulted in pregnancy were performed in Nevada. Once everyone agrees on the final contract language, the contract gets executed (a fancy word for “signed”). And you are good to go for embryo transfer.
Las Vegas, NV
A few months later, generally during the second trimester of the pregnancy, the lawyers will prepare paperwork for the parentage order from the court. This parentage order will secure your legal rights and direct that only your name be placed on the baby’s birth certificate.
Your birth certificate will be mailed to you a few weeks after the birth (if you need the birth certificate sooner, we can help have it expedited for you, or help you figure out where to pick it up in person).
