FAQ: Sperm, Egg & Embryo Donation in Nevada, Doctor using a pen to point at a picture of a baby on an ultrasound

FAQ: Sperm, Egg & Embryo Donation in Nevada

Is sperm donation allowed in the State of Nevada?

Yes, Nevada does allow sperm, egg and embryo donations by statute.  You must comply with the minimum requirements of Nevada law.  If the minimum requirements are complied with then the donor will have no parental rights and the recipient(s) will be the legal owners of the donation.

 

What are the minimum requirements of Nevada Law for a sperm, egg or embryo donation?

In Nevada, the minimum requirements for a sperm, egg or embryo donation is that there is a writing that demonstrates intent for the donor to not retain parental rights and for the recipients to retain all rights to the donation.

 

Is it legal to compensate an egg or sperm donor in Nevada?

It is legal to compensate an egg or sperm donor in the State of Nevada.  Egg Donor’s should be aware that there is an IRS decision regarding the taxability of that donation.

 

Is it legal to compensate an embryo donor in Nevada?

The law surrounding an embryo donation and compensation has not been fully developed.  There are strong recommendations against compensation for embryo donations, likening it to selling an organ.  The difference from an egg or sperm donor is that an embryo has everything needed for the biological development of a child, making compensation inappropriate.  An embryo donor can be reimbursed for certain expenses such as medical screening tests.

 

Do more than one recipient of a sperm, egg or embryo donation have to be married?

No, the recipients of a sperm, egg or embryo donation to not have to be married in order for both of them to be the legal parents of a child conceived from the donation.

Can a single recipient receive a sperm, egg or embryo donation?

Yes, a recipient of a sperm, egg or embryo donation can be single, meaning they do not have to be married.

 

Do I have to file anything with the Court to be on my child’s birth certificate if I use a sperm, embryo or egg donation? 

No, you do not have to file anything with the Court when you give birth to a child in Nevada that was conceived using a sperm, embryo or egg donation. You will be placed on the birth certificate.  However, for some families, primarily those that are part of the LGBT community, it is recommended to obtain a court order to confirm your parental rights to receive full faith and credit across the United States.

 

Do I have to have a lawyer to receive an egg, embryo or sperm donation?

No, Nevada law does not require either the donor or the recipient parents to have an attorney.  However, if you desire to contract with your donor over future contact, i.e. in case of medical emergencies, then a written/negotiated contract from an Attorney is best.

 

If I do use an attorney, what state should I have an attorney in for my donation?

There are three possibilities for an attorney for a sperm, egg or embryo donation.  You can have an attorney where the recipients reside, where the donor resides or where the medical clinic that is assisting with the donation is located.  Typically, it is best to have one where the clinic is as the donation itself will take place in that state.

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