Nevada surrogacy laws make Las Vegas the perfect place for your surrogacy journey
Hopeful parents often ask our Las Vegas surrogacy experts about Nevada surrogacy laws. Surrogacy laws vary from state to state in the United States, and Nevada is one of the most surrogacy-friendly states in the country. With laws that allow all hopeful parents (single, married, straight or gay) to be listed on the baby’s birth certificate, Las Vegas is one of the best places to embark on your surrogacy journey.
What do Nevada surrogacy laws say?
The State of Nevada permits gestational surrogacy under Nev. Rev. Stat. NRS 126.500-126.810. It can be overwhelming to read complex legal language, so our Las Vegas surrogacy experts are here to explain the highlights of Nevada surrogacy laws.
Pre-Birth Parentage Orders
Do courts grant pre-birth parentage orders? Yes
Can both hopeful parents be 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 hopeful parents be 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 as 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? Most likely
What is the typical time frame to obtain a birth certificate after delivery? One 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 hopeful 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 and Step Parent 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
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 legally risky in Nevada. There is no published case law.
Do you have more questions about Nevada surrogacy laws?
Our Las Vegas surrogacy experts can provide additional insight and guidance about surrogacy in Nevada. We can also refer you to an attorney who focuses on Nevada surrogacy laws. Contact us to schedule an appointment and learn more.
