Reno: 775-636-8200 | Las Vegas: 702-318-7095 info@surrattlaw.com

Surrogacy and Assisted Reproductive Technology

The FAQ’s About Surrogacy in Nevada

 
Is Surrogacy allowed in the State of Nevada?

Yes, Nevada does allow a surrogacy/gestational carrier arrangement. You must comply with the minimum requirements of Nevada law, including but not limited to have a valid contract.

What is the difference between a Surrogate and a Gestational Carrier?

Over time these terms have been confused. A “surrogate” has in the past referred to what we call “traditional surrogacy” in which the third party that is carrying a baby is also the egg donor, meaning she is genetically related to the child. A “gestational carrier” is a woman who carries a baby for a third party or parties who is not genetically related to the child, meaning her egg was not used. Traditional Surrogacy is not allowed in Nevada. However, the term “surrogate” is interchangeable with the term “gestational carrier”.

Are Surrogacy / Gestational Carrier agreements enforceable in Nevada?

Yes, a gestational carrier agreement is enforceable in Nevada. In fact, Nevada requires that you have a gestational carrier agreement in place before the Carrier is on her medications in order intended parents to be declared the parents of a child pursuant to the arrangement.

Is traditional surrogacy allowed in the State of Nevada?

No, Nevada specifically does not permit traditional surrogacy by statute. The law in Nevada provides that the Surrogate / Gestational Carrier can not be genetically related to the child born of the process. You must utilize either the egg of an intended mother or an egg donation from another third party.

Can you pay a surrogate/gestational in the State of Nevada?

Yes, a gestational carrier may be paid/compensated in the State of Nevada. Under Nevada’s old surrogacy statute, compensation was not permitted but that was specifically repealed in October of 2013.

Do intended parents in a Surrogacy / Gestational Carrier Arrangement have to be married in the State of Nevada?

No, Intended Parents in a Surrogacy / Gestational Carrier Arrangement do not have to be married in the State of Nevada.

Can a single Intended Parent utilize a Surrogate / Gestational Carrier in the State of Nevada?

Yes, a single Intended Parent can utilize a Surrogate / Gestational Carrier in the State of Nevada.

Can an embryo donor be used in the State of Nevada?

Yes, it is permissible by statute to use an embryo donation in the State of Nevada and be the legal parent of the child.

Can an egg donor be used in the State of Nevada?

Yes, it is permissible by statute to use an egg donation in the State of Nevada and be the legal parent of the child.

Do the Intended Parents in a Surrogacy / Gestational Carrier Arrangement need to have a genetic link to the child?

No, the Intended Parents in a Surrogacy / Gestational Carrier Arrangement do not need to have a genetic link to the child.

Do same-sex Intended Parents have to register in the State of Nevada as domestic partners to be the legal parents of a child born of a Surrogacy / Gestational Carrier Arrangement?

No, same-sex Intended Parents do not have to register in the State of Nevada as domestic partners to be the legal parents of a child born of a Surrogacy / Gestational Carrier Arrangement.

Can Intended Parents of a Surrogacy / Gestational Carrier Arrangement obtain a pre-birth order in the State of Nevada?

Yes, by statutory authority, Intended Parents can obtain a pre-birth court order designating them as the parents of a child born of a Surrogacy / Gestational Carrier Arrangement.

Can Intended Parents of a Surrogacy / Gestational Carrier Arrangement obtain a post-birth order in the State of Nevada?

Yes, by statutory authority, Intended Parents can obtain a post-birth court order designating them as the parents of a child born of a Surrogacy / Gestational Carrier Arrangement.

Is a hearing required for a pre-birth order to be obtained in the State of Nevada?

No, a hearing is not automatically required for a pre-birth parentage order in the State of Nevada. The Court always retains the authority to require a hearing. However, historically the Court only requires a hearing when the parties have not followed Nevada law.

Do I have to have a lawyer for a surrogacy/gestational carrier arrangement?

Pursuant to Nevada law, both the Intended Parents and the Surrogate / Gestational Carrier must have independent legal counsel while negotiating and entering into their written Agreement.

What state should I have an attorney in for a surrogacy/gestational carrier arrangement? 

It is highly recommended that you obtain a lawyer in the state in which the child/ren will be born. That is the state that will determine parentage and issue the birth certificate. Under Nevada law, both the Intended Parents and the Surrogate / Gestational Carrier must have independent legal counsel.

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Surrogate / Gestational Carrier?

Yes, an international same-sex male couple can obtain an initial birth certificate naming the biological father and the Surrogate / Gestational Carrier. However, it may only be done with specific court orders and the couple must understand that each Judge operates differently and there is a possibility that the Judge is unwilling to assist them with this request.

Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father and/or both fathers, with no mention of the Surrogate / Gestational Carrier?

Yes, an international same-sex male couple subsequently obtain a birth certificate naming only the biological father and/or both fathers, with no minion of the Surrogate / Gestational Carrier. However, it may only be done with specific court orders and the couple must understand that each Judge operates differently and there is a possibility that the Judge is unwilling to assist them with this request.

Contact our Surrogacy and Assisted Reproductive Technology Attorneys of Surratt Law Practice Reno Nevada. Call 775-636-8200 for Reno clients, call 702-318-7095 for Las Vegas clients or email info@surrattlaw.com us now.

RESOURCES

The Fertility Center of Las Vegas

The Fertility Center of Las Vegas is recognized internationally as one of the leading fertility clinics in the world with high success rates, years of experience and a commitment to the advancement of fertility research.

The Fertility Center of Las Vegas has facilitated the births of thousands of healthy children by providing some of the most advanced fertility treatments available. Dr. Shapiro and Dr. Daneshmand are sub-specialty board certified in reproductive endocrinology and infertility, meaning they have completed the highest degree of training available for fertility specialists. Together with their dedicated staff, the doctors work tirelessly each day to make parenthood possible.

Founded by Dr. Bruce Shapiro in 1988, The Fertility Center of Las Vegas was the first fertility clinic in southern Nevada. In 1999, Dr. Said Daneshmand joined The Fertility Center of Las Vegas and was integral in starting the city’s first egg freezing program. Together, the doctors collaborated on research to develop IVF protocols to improve pregnancy rates, including Post Thaw Extended Culture (PTEC), one of the most effective treatments available to date.

Baby Bloom Surrogacy Solutions

It took us 3 years of fighting the system and it’s various institutions to finally be able to offer a revolutionary approach to surrogacy – the “100% guaranteed” process which allows you to know you will reach your destination, no matter what. Cast away your fears and doubts, as we at Baby Bloom aim to find the ideal solution for each future parent, as we’ve successfully done this far.

After closely and personally accompanying over 77 couples, we have gathered significant and useful experience and knowledge, which allows us to fully understand what’s required for a successful completion of this complex process for our clients. Each client is teamed up with a case manager and personal consultant, who stay on board and offer support throughout the entire process.

Silver Linings Agency

Silver Linings is an Egg Donor and Gestational Surrogate Agency. It is our pleasure to work with clients from across the globe as they strive to start their family or add to it.

After working in the industry since 2003, as well as being fertility patients, we are intimately familiar with the challenges facing clients on this journey. We use this experience to guide our clients toward a positive, successful outcome.

Surrogacy Map

50-State Map of Surrogacy
Click Here” to view a 50-state map to learn about surrogacy in each of the United States.

American Society for Reproductive Medicine

ASRM is devoted to advancing knowledge and expertise in reproductive medicine, including reproduction, male and female infertility, andrology, menopausal medicine, infertility diagnosis, treatment, and research

The American Academy of Assisted Reproductive Technology Attorneys

AAARTA is a credentialed, professional organization dedicated to the advancement of best legal practices in the area of assisted reproduction and to the protection of the interests of all parties, including the children, involved in assisted reproductive technology matters.

CDC – Assisted Reproductive Technology

ART has been used in the United States since 1981 to help women become pregnant, most commonly through the transfer of fertilized human eggs into a woman’s uterus (in vitro fertilization).

Nevada Center for Reproductive Medicine: Dr. Foulk and Dr. Whitten

NCRM is the only fully accredited reproductive endocrinology and infertility clinic in Northern Nevada offering state of the art fertility treatments.

Heartfelt Egg Donation, LLC

Heartfelt Egg Donation, LLC is an internationally renowned full-service egg donation agency located in northern Nevada. They collaborate with intended parents, egg donors, fertility clinics and other infertility industry professionals throughout the United States and abroad. The program at Heartfelt Egg Donation offers anonymous, semi-open and open egg donation arrangements, which allows intended parents and egg donors the ability to be flexible in the way they interact with each other in the future. They also coordinate known donor egg cycles for those selecting a family member or friend to be their egg donor. Their selection of egg donors is diverse and all have been thoroughly pre-screened and educated regarding the process of egg donation. Heartfelt Egg Donation, LLC follows the FDA, American Society of Reproductive Medicine and Society for Assisted Reproductive Technology guidelines for egg donation and egg donor compensation.

Suzanne Myers is the Founder and Director of Heartfelt Egg Donation. An entrepreneur with more than two decades of well-rounded business, operational and management experience; Suzanne has built a successful third-party reproduction assistance business. Her love for family and children coupled with an extensive business management experience makes Suzanne well respected and highly regarded in her field for her responsive and detailed management skills, flexibility, industry knowledge, personalized care, kindness and professionalism. Suzanne founded Heartfelt Egg Donation, LLC in 2005 through the personal experience of using an egg donor to build her own family. Suzanne believes that building relationships with her clients is extremely important. She is generous with her time and provides a very personal yet professional experience.

Getting To Baby
Creating your family faster, easier, and less expensive through fertility, adoption, or surrogacy.

American Fertility Association

The American Fertility Association (The AFA) is a leader in providing men and women, health care professionals, public officials and the media, both nationally and internationally, with information about infertility treatments, reproductive and sexual health and family building options including adoption and third-party solutions. The AFA, a national not-for-profit organization, is headquartered in New York City.

The Society for Assisted Reproductive Technology (SART)
SART is the primary organization of professionals dedicated to the practice of assisted reproductive technologies (ART) in the United States. ART includes the practive of In Vitro Fertilization (IVF). The mission of our organization is to set up and help maintain the standards for ART in an effort to better serve our members and our patients.

Fertility Nation
Founded in 2007, Fertility Nation is a top source for news, advice, and conversation about infertility and building families with assisted reproduction technologies. Fertility Nation reports breaking news and offers resources and guides for people interested in fertility treatments such as IVF, egg donation, sperm donation, and surrogacy.

Fertility Success Rates
Patients who are pursuing In Vitro Fertilization have a number of details to evaluate. One point of data that should be considered before starting IVF treatment is the comparative IVF success rates for fertility clinics. This website was created to help prospective patients find and compare IVF success rates, understand the data, and make a more informed treatment decision.

Center for Disease Control & Prevention – Assisted Reproductive Technology
Although various definitions have been used for ART, the definition used by CDC is based on the 1992 Fertility Clinic Success Rate and Certification Act that requires CDC to publish the annual ART Success Rates Report. According to this definition, ART includes all fertility treatments in which both eggs and sperm are handled. In general, ART procedures involve surgically removing eggs from a woman’s ovaries, combining them with sperm in the laboratory, and returning them to the woman’s body or donating them to another woman. They do NOT include treatments in which only sperm are handled (i.e., intrauterine—or artificial—insemination) or procedures in which a woman takes medicine only to stimulate egg production without the intention of having eggs retrieved.

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