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Nevada Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Nevada surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Nevada surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed dozens of finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Nevada surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Nevada law expressly permits surrogacy.

    • Does the state have surrogacy laws and/or case law?

      State law expressly permits gestational surrogacy, lays out the rights and responsibilities of the parties involved, and sets forth the requirements for a valid and enforceable surrogacy contract.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      The courts are typically favorable.

    • Is commercial surrogacy legal?

      Commercial surrogacy is legal in Nevada and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      No, traditional surrogacy is not expressly permitted by statute. It may still be allowed, but a formal, full adoption will be necessary for the intended parents to secure their parental rights, which requires that the surrogate wait three days before she may terminate her parental rights. Compensation is not allowed in traditional surrogacy arrangements.

    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      A surrogacy contract shall be binding and enforceable if is in writing, signed by all parties, notarized and executed before the start of any medical procedures. The surrogate and intended parents must meet specific requirements. The agreement must include provisions that discuss the legal, financial and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      Pre-birth parentage orders can readily be obtained in Nevada by any intended parent, whether married or unmarried, a heterosexual or same-sex couple or individual, and even if neither parent is genetically related to the child.

    • Can both intended parents be declared the legal parents?

      Yes, both intended parents can be declared the legal parents in a pre-birth order or otherwise, regardless of their marital status, sexual orientation, use of a sperm or egg donor, or genetic relationship to the child.

    • Will the state honor a pre-birth order issued by another state?


    • What do intended parents need to know about getting the baby’s birth certificate?

      The parents will receive the baby’s birth certificate one week after birth. Same-sex parents will be named as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. They can subsequently obtain a birth certificate that names the biological father or both fathers only, with no mention of the gestational carrier.

    • Are post-birth adoptions permitted?

      Yes, but post-birth adoptions are rarely necessary. However, second parent (for unmarried couples) and stepparent adoptions (for married couples) are available to intended parents if they are unable to obtain a parentage order.

    • Are second-parent adoptions permitted?


    • Are stepparent adoptions permitted?


VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.