Nevada law permits gestational surrogacy per Nev. Rev. Stat. NRS 126.500-126.810.
Do courts grant pre-birth parentage orders?
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?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
What are the bases for jurisdiction in Nevada?
What are the bases for venue?
Do results vary by venue?
What is the bases for jurisdiction in Nevada:
Is a hearing required to obtain a pre-birth order?
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?
Will Nevada Vital Records honor a pre-birth order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
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?
Alternatively, can they obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
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)?
If no, will Nevada Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Note: This situation typically arises if the child is born outside 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?
Does the couple need to be married?
Will courts in Nevada grant second parent adoptions or stepparent adoptions to same-sex couples living in Nevada?
Does the couple need to be married?
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.”
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.
Kimberly Surratt
kim@surrattlaw.com
www.surrattlaw.com
(775) 636-8200
Shoshana Kunin-Leavitt
Katherine L. Provost, Esq.
www.KainenLawGroup.com
katherine@kainenlawgroup.com
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