GESTATIONAL SURROGACY IN NEVADA

Nevada law permits gestational surrogacy per 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 jurisdiction in Nevada? Any of the following: (1) The child is anticipated to be born in Nevada; (2) the child was born in Nevada; (3) the Intended 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 carrier agreement was executed in Nevada; or  (7) the medical procedures for assisted reproduction that were performed pursuant to the gestational carrier agreement and resulted in pregnancy were performed in Nevada.

What are the bases for venue? Any county in the state.

Do results vary by venue? No

What is the bases for jurisdiction in Nevada:  Any of the following: (1) the child’s birth is anticipated in Nevada; (2) the child was born in Nevada; (3) the Intended Parent(s) reside in Nevada; (4) the Intended Parent(s) resided in Nevada when the gestational carrier agreement was executed; (5) the Gestational Carrier resides in Nevada; (6) the gestational carrier 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.

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? Yes, but the order needs to be registered in Nevada and comply with Nevada public policy.

What is the typical time frame to obtain a birth certificate after delivery?  1 week.

SAME SEX COUPLE

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

Alternatively, can they 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)?  Yes but the petition cannot be filed until 30 days after the birth of the child.

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 & STEPPARENT 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?  No

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?  No

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

Nevada’s statute does not discuss Traditional Surrogacy and there is no published case law pertaining to it. Rather, the statute defines a Gestational Carrier as a woman who does not use her own eggs. Accordingly, Traditional Surrogacy is considered legally risky in Nevada.

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

Other attorneys practicing reproductive law in this state:

Shoshana Kunin-Leavitt
www.kuninlawgroup.com
shoshana@kuninlawgroup.com

Katherine L. Provost, Esq.
www.KainenLawGroup.com
katherine@kainenlawgroup.com

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