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
Mental health counseling:
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
Mental health counseling:
Yes
Resident status:
No* (see NV specific requirements)
Previous pregnancies:
at least one
Receiving State Assistance:
Not permitted
Use of own embryos:
No
Independent legal counsel:
Yes

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
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

Nevada Specific Requirements (only one need apply)

Birth anticipated to be in Nevada:
Yes
Birth happened in Nevada:
Yes
Intended Parent(s) reside in Nevada:
Yes
Gestational Carrier resides in Nevada:
Yes
Medical procedure for assisted reproduction was performed in Nevada:
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.
Legal content provided by:

Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.