Gestational Surrogacy Regulations in Nevada

Overview

Gestational Surrogacy is permitted by Nev. Rev. Stat. NRS 126.500 – 126.810. 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. Nevada does regulate
Gestational Carrier Agreements and has specific requirements for the Intended Parents and
Surrogates.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No* (see NV specific requirements)
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
No* (see NV specific requirements)
Use of own embryos:
No
Independent legal counsel:
Yes
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Nevada:
Yes
Birth outside of Nevada:
Yes, as long as there is a connecting factor to Nevada

Generally during the second trimester of pregnancy, paperwork for the parentage order from
the court will be prepared by the Intended Parent(s)’ attorney. This parentage order will
secure Intended Parent(s)’ legal rights and direct only the Intended Parent(s)’ name be placed
on the baby’s birth certificate.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Usually no, varies by jurisdiction
Post-Birth Orders:
Yes

General Information

Will Nevada Vital Records honor a Pre-Birth Order from another state:
No
What is the typical time frame to obtain a birth certificate after delivery:
1 week
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Nevada Residents:

*This situation typically arises if the child is born outside of Nevada. The parents then return to Nevada to obtain a second parent adoption or stepparent adoption in Nevada. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Nevada?

*Traditional Surrogacy in Nevada is not included in Nevada’s statute. Because the statute defines a Gestational Carrier as a woman who does not use her own eggs, Traditional Surrogacy is considered a legal risk in Nevada*
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