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 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

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 & 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?  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

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

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

This is a copyrighted document and therefore protected by the copyright laws of the United States. Violation of these laws is a punishable offense under the US Copyright laws and, depending on the method of transmission, under the Digital Millennium Copyright Act. Any retransmission or use of this document or any map herein is expressly prohibited without prior and express authorization of Creative Family Connections LLC.

Creative Family Connections LLC is not providing legal advice to users of this website, nor does use of any of the maps or summaries on this website constitute or create any attorney-client relationship between Creative Family Connections LLC and users of this site.

This website is not intended to substitute for consulting with legal counsel in the appropriate local jurisdiction. Creative Family Connections makes no warranties that the information on this site is current, accurate, or that favorable results that have been obtained in prior cases will be obtained in future cases.

Please advise us of any state law updates at map@creativefamilyconnections.com.