Surrogacy Laws & Process in Nevada
Understanding the Surrogacy Process in Nevada
Nevada is widely regarded as one of the most surrogacy-friendly states. It offers a clear and comprehensive statutory framework for gestational arrangements under Nevada Revised Statutes 126.500 through 126.810.
Courts in Nevada recognize intended parents prior to birth, as long as the agreements and filings meet statutory requirements. The law is inclusive, covering couples and singles, regardless of sexual orientation, and supports both traditional and donor gamete arrangements.
Surrogacy agreements must be executed before any medical procedures are carried out, and each party is required to have separate legal counsel. If applicable, spouses or domestic partners must also sign the agreement.
Once a court order is issued, the practice of updating vital records proceeds smoothly and creates a predictable pathway from pregnancy to the final birth certificate. This makes Nevada an attractive option for those considering surrogacy, as the process is both legally secure and clear.
Pre-Birth Parentage Orders in Nevada: Legal Recognition Before Birth
Nevada courts grant pre-birth parentage orders statewide for gestational surrogacy when statutory elements are satisfied, and hearings are rarely required except by the judge’s preference.
Jurisdiction can rest on several connections, including anticipated or actual Nevada birth, residence of intended parent or gestational carrier, execution of the agreement in Nevada, or performance of assisted reproduction in the state. Venue is available in any county, and results do not vary by venue under the statute.
Married heterosexual couples
Eligible for pre-birth parentage orders when using their own or donor gametes. Nevada’s inclusive laws typically grant these orders without issue.
Unmarried heterosexual couples
These couples are also covered by Nevada law when the appropriate statutory criteria are met. This includes making sure the agreement is executed and filed before conception.
Married same-sex couples
Nevada recognizes married same-sex couples as legal parents through pre-birth parentage orders. Final birth certificates will list both parents as "Parent and Parent."
Unmarried same-sex couples
Unmarried same-sex couples can also obtain pre-birth orders if the necessary filings are in place and jurisdictional requirements are met. Nevada law is broad and inclusive in covering all family structures.
Single intended parents
Unmarried same-sex couples can also obtain pre-birth orders if the necessary filings are in place and jurisdictional requirements are met. Nevada law is broad and inclusive in covering all family structures.
No genetic link for either parent
Nevada allows pre-birth orders to be granted in cases where neither intended parent is genetically linked to the child, as legal parentage is based on intent, not genetics.
Other Key Aspects of Surrogacy in Nevada
In Nevada, compensated traditional surrogacy is considered legally risky, as the state’s surrogacy laws specifically focus on gestational surrogacy. The statute defines a gestational carrier as a woman who does not use her own eggs, which makes traditional surrogacy legally uncertain. This is due to the absence of clear legal provisions for compensated traditional surrogacy. This leaves it outside the protective framework provided for gestational surrogacy.
For international surrogacy arrangements, Nevada offers strong support, especially for same-sex male couples. The state’s courts recognize birth certificates that name the biological father or both fathers, depending on the specific circumstances. This flexibility makes Nevada a favorable jurisdiction for international same-sex couples seeking legal recognition of their parentage.
Regarding egg and sperm donation, Nevada law is clear that a donor who provides eggs or sperm through assisted reproduction is not considered a legal parent of the child born from those gametes. Under NRS 126.660, Nevada’s assisted reproduction laws explicitly state that a donor is not a parent. This simplifies legal parentage matters for intended parents.
Explore the Carrying Dreams Surrogacy Heatmap
See Nevada’s statewide pre-birth practice and inclusive jurisdiction rules, then compare timelines, filings, and safeguards with nearby green-light states on our heatmap.
If you have any inquiries about the surrogacy laws & process in Nevada, feel free to contact us today.
