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GESTATIONAL SURROGACY IN NEVADA

Gestational Surrogacy is permitted in Nevada by Nev. Rev. Stat. NRS 126.500-126.810.

PRE-BIRTH PARENTAGE ORDERS

Do courts grant pre-birth parentage orders?  Yes 
 
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using an egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm: Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes
  • Same-sex couple using an egg donor or sperm donor: Yes
  • Single parent using own egg or sperm: Yes

 
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

  • Married heterosexual couple: Yes
  • Unmarried heterosexual couple: Yes
  • Same-sex couple: Yes
  • Single parent: Yes


What are the bases for venue?
 Any county in the state so long as the child is born in Nevada
 
Do results vary by venue?  No 
 
Is a hearing required to obtain a pre-birth order?
 Not usually, but it varies by judge.
 
Is a pre-birth order possible in Nevada based on a Gestational Carrier’s plan to deliver in Nevada, if no party lives in Nevada?  Yes 
 
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

Same-Sex Couples

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 they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?  
Yes
 
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Nevada (i.e., neither of the Intended Parents lives in Nevada)?  
No
 
If no, will Nevada Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? 
 Yes

SECOND PARENT & STEPPPARENT ADOPTIONS FOR NEVADA RESIDENTS

Note: This situation typically arises if the child is born outside of the state.  The parents then return to Nevada to obtain a second parent adoption or stepparent adoption in Nevada.
 
Will courts in Nevada grant second parent adoptions or stepparent adoptions to heterosexual couples living in Nevada?  Yes
Does the couple need to be married?  
Yes
 
Will courts in Nevada grant second parent adoptions or stepparent adoptions to same-sex couples living in Nevada?  
Yes
Does the couple need to be married?  
Yes

EGG AND SPERM DONATION

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes, NRS 126.660 states: “A donor is not a parent of a child conceived by means of assisted reproduction.”

TRADITIONAL SURROGACY IN NEVADA

Traditional Surrogacy 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 legally risky in Nevada. There is no published case law.

State law information provided by the following attorneys practicing Reproductive Law in this state:
 
Kimberly Surratt
kim@surrattlaw.com
www.surrattlaw.com
(775) 636-8200
 
Virginia Frank
www.virginiafrank.com
ginny@virginialfrank.com

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