Nevada Surrogacy Lawyer

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Surrogacy Attorney in Nevada, NV

There are many reasons why an individual or couple may have difficulty having biological children. For those facing fertility challenges, surrogacy is a popular option. In Nevada, surrogacy laws are intended to protect all parties throughout the entire process. Working with an expert Nevada surrogacy lawyer can help you figure out all the specifics and make a plan for your family.

In Nevada law, surrogacy agreements are called gestational agreements, and the surrogate may be called the gestational carrier. These agreements are legally binding, and it’s vital to have an agreement in place before starting the process, whether you’re a surrogate, intended parent, or donor.

What Intended Parents Should Know About Surrogacy

Wanting to grow your family often involves deeply personal decisions and careful planning. For those exploring assisted reproduction, surrogacy can provide a path to parenthood that aligns with their goals.

This means you and/or your partner can provide the DNA required, or you could get a donor. You have a lot of agency in choosing the right path forward for you and your family.

Surrogacy contracts are a necessary part of this process. They ensure your rights are protected, as well as the rights of the surrogate. You will also want a parental rights establishment, which can be obtained either pre-birth or post-birth. For this, it’s helpful to hire a surrogacy lawyer to aid you in completing these documents and understanding the path forward.

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What Surrogates Should Know

In the United States, 13.4% of women face fertility challenges in some manner. You can help prospective parents attain the family they dream of by becoming a surrogate. However, pregnancy is also challenging, and it’s important you know your rights and what resources are available to you.

To be eligible for becoming a surrogate,Nevada law states you must:

  1. Complete a medical evaluation related to the planned pregnancy
  2. Consult with legal counsel about the process and the agreement
  3. Not contribute any of the gametes that will become the embryo used for assisted reproduction

A Nevada surrogacy attorney can provide counseling for the second requirement and help you throughout the process. You’ll also want to be able to rely on good healthcare. Many surrogacy and fertility clinics are located near Las Vegas, since the population there is so large, but you can also find them across the state. Reno is another popular location.

In most cases, fertilization is done through in vitro fertilization (IVF). Because the embryo is created using the intended parents’ or donors’ genetic material, the gestational carrier cannot be genetically related to the fetus they carry.

Nevada law does not allow insurance providers to discriminate against surrogates, meaning you should get the same support as if you were having your own child. From the legal contracts to IVF and even post-birth, you don’t have to face things alone. Getting legal, medical, and social support is vital to your well-being.

Should I Hire a Surrogacy Lawyer?

Whatever your role in the process, hiring a surrogacy lawyer is a smart move. They are familiar with surrogacy cases and will help ensure you meet all the legal requirements. Since pregnancy and surrogacy can be such stressful experiences, having someone else help guide you and cover all your bases can be invaluable.

For surrogates, consulting with independent legal counsel is also an essential part of the process. A surrogacy lawyer can help clarify your rights as the surrogate, your obligations, and what protections are available to you under a gestational agreement. This ensures you enter the arrangement with a clear understanding of the legal framework involved.

Why You Should Work With Us

Surratt Law Practice has decades of experience working in family law, including surrogacy law. We’ve not only helped clients with their cases, but also been advocates fighting for increased rights and access for surrogates, intended parents, and donors.

We have always dedicated ourselves to supporting families and those wanting to become parents. Our practice is open to anyone, including LGBTQ+ individuals and couples. You bring strength and desire for a family, and we bring the knowledge and experience needed to boost your journey.

FAQs

Q: Is Surrogacy Legal in Nevada?

A: Yes, surrogacy, including compensated surrogacy, is legal in Nevada. Nevada is actually a very progressive state for surrogacy, allowing prospective parents who are unmarried, as well as LGBTQ+ parents, to take part in the process. Both intended parents and surrogates are protected and guided under the Nevada surrogacy law.

Q: What States Have Banned Surrogacy?

A: Surrogacy is not outright banned in any state, and most are very friendly to the process. However, Louisiana has banned compensated surrogacy and additionally has strict requirements and legal hurdles for surrogates and intended parents. In Arizona, Indiana, and Nebraska, surrogacy contracts are void or unenforceable under state law.

While surrogacy arrangements may still occur, intended parents typically must rely on adoption or other court proceedings to establish legal parentage, and outcomes depend on state-specific law and judicial discretion.

Q: What Are the New Rules for Surrogacy?

A: Nevada’s updated surrogacy requirements state that any gestational carrier must not be genetically related to the fetus they carry. The embryo must come from intended parents and/or donors. Additionally, there are agreements and legal requirements for intended parents, surrogates, and donors. They also made it easier for unmarried parents and LGBTQ+ individuals to participate in the process.

Q: Do Surrogates Still Get Paid if They Miscarry?

A: In many cases, surrogates may still get paid if they miscarry, though usually not the full amount. The exact details of what happens in this scenario should always be determined in the surrogacy contract before assisted reproduction begins. Often, surrogates are paid throughout the process, and any compensation earned up to the time of miscarriage may be honored, depending on the terms of the agreement.

Speak With an Experienced Surrogacy Lawyer Today

If you’re a surrogate, intended parent, or even a donor, it’s never too soon to consult with a Nevada surrogacy lawyer. Reach out to Surratt Law Practice to find out how we can help you with gestational agreements, parental rights, and more.

 

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