Surrogacy cases in Nevada can come with sensitive and confusing legal proceedings, with simple errors resulting in invalid arrangements or potential disputes. Surratt Law Practice is here to help you understand how surrogacy agreements in Northern Nevada work, common errors residents make, and what to keep in mind to help your own situation move forward.
About Surratt Law Practice
Founding attorney Kim Surratt has decades of experience helping Nevadans in surrogacy cases. She is seen as a leading voice in reproductive law and has spoken on international stages, educating thousands of other attorneys and policymakers on surrogacy cases. Her accomplishments have earned her multiple awards, and her legal experience is invaluable during complex family law cases. You can trust our firm to help you navigate surrogacy in Nevada.
What Is a Surrogacy Agreement in Nevada and How Does It Work?
In 2024, there were 23,200 donor egg In Vitro Fertilization (IVF) pregnancy cycles nationwide. Surrogacy has become an increasingly popular option for individuals looking to grow their families, and it helps many individuals who cannot have children themselves.
To move forward with surrogacy in Nevada, you must create a legal gestational agreement, or surrogacy agreement. This document establishes the terms of a surrogacy and the two main parties involved, detailing the intended parents or intended parent who will raise any child born and the gestational carrier, or surrogate, who carries the embryo. Surrogacy agreements are flexible and can be tailored to each person’s unique situation. The average agreement includes details such as:
- The number of embryos to be transferred
- The surrogate’s clear, uncoerced agreement to move forward with pregnancy
- Set compensation for the surrogate and how they are paid
- Reimbursement to the surrogate for lost wages
- Required lifestyle changes for the pregnancy, such as abstaining from drinking, smoking, and other high-risk activities
- Insurance guidelines that dictate the surrogate is not financially responsible for any pregnancy healthcare expenses
- Confidentiality terms and whether either party may publicly discuss the surrogacy
- Plan for how a birth is handled
- Logistics of communication between parties and post-birth expectations
- Contingencies for unfortunate events, such as a separation between intended parents, one or both intended parents die, or complications with the fetus
The team at Surratt Law Practice can help you create a surrogacy agreement in Nevada that protects the rights of all parties involved, as well as your unborn child.
Making Your Surrogacy Agreement Enforceable in Northern Nevada
While surrogacy agreements are customizable documents, Nevada surrogacy laws have set guidelines that must be followed in order for contracts to be legally valid. Requirements for a surrogacy agreement to be enforceable in Northern Nevada include:
- Surrogate Qualifications. Before finalizing an agreement, gestational carriers in Nevada must complete a medical evaluation, consult legal counsel, and not contribute any genetic material to the embryo.
- The Agreement Is in Writing. The terms of a surrogate agreement must be in writing. Verbal and informal arrangements are not legally valid or enforceable.
- The Agreement Is Notarized. Surrogate agreements are only formalized if notarized by a qualified party.
- Attorney Review. Both the intended parents or the intended parent and the surrogate must have their lawyers fully review the contract and approve of its contents.
- Express Agreements. All arrangements must include the express written agreement to carry the embryo by the surrogate, and the intended parents’ responsibility for any resulting child.
- Signatures. Surrogacy agreements must be signed by the gestational carrier, intended parents, or intended parent, and their respective legal teams.
- The Agreement Is Completed Before Medical Procedures. All other requirements for a surrogacy agreement must be finalized before any medical procedures may take place beyond the initial screening.
FAQs
Does Nevada Have Surrogacy-Friendly Laws?
Nevada surrogacy laws are commonly considered very friendly and one of the most progressive states for surrogacy. One reason why Nevada has its reputation is its surrogacy insurance guidelines. Assembly Bill 472 took effect in 2020 and made it illegal for an insurance company to limit or deny maternity care to surrogates. Attorney Kim Surratt played a role in the bill’s passage, speaking before the assembly and submitting amendment proposals.
Do You Need an Attorney for a Surrogacy Case in Nevada?
In Nevada, both the intended parents or intended parent and the gestational carrier are legally required to have independent legal counsel. These guidelines exist due to the technical nature of surrogacy cases and to prevent either party from being taken advantage of. A skilled Nevada surrogacy lawyer can review proposals, draft documents, and advocate for you throughout contract negotiations.
Do Surrogacy Agreements Require Court Oversight in Nevada?
In Nevada, surrogacy agreements do not require court oversight for the creation or initiation of pregnancy. After the contract is made, however, court intervention is necessary in formalizing the child’s parentage on the birth certificate. It typically does not require court hearings. These may be filed in any District Court in the State of Nevada.
How Much Do Surrogates Get Paid in Nevada?
How much surrogates receive for carrying the child in Nevada varies on a case-by-case basis. Common factors that may affect the final payment include the surrogate’s employment status, insurance plan, and prior surrogacy experience. Nevada’s surrogacy laws dictate that the intended parents or an intended parent may give the surrogate a sum as reasonable compensation.
What Should You Look for in a Nevada Surrogacy Attorney?
You should consider a variety of factors when looking for your Nevada surrogacy attorney. First is experience. A lawyer with decades of experience in general family law may not be as suited for surrogacy cases as legal counsel with a proven track record. Another element to look for is clear communication. Your legal counsel should be transparent about legal fees and easy to reach.
Hire a Surrogacy Lawyer You Can Trust in Nevada
When you hire a surrogacy lawyer from Surratt Law Practice, you gain the experience, knowledge, and resources needed to feel confident with your surrogacy case. Our founding attorney is a leading voice in Nevada surrogacy cases and works tirelessly to help families thrive throughout the state.
To book your initial consultation, where we can learn the challenges you face in your surrogacy case and provide potential solutions, contact us today. You may also visit our Reno Offices, located on Lakeside Drive, south of Virginia Lake, a few blocks west of South Virginia Street, and north of McCarran Boulevard.
