Assisted Reproductive Technology Law
Surratt Law Practice, PC is a Reno, Nevada assisted reproduction law firm that provides surrogacy, egg donation, embryo donation and sperm donation services to clients. We can help you become a parent!
There are many different steps and legal processes necessary for pursuing a surrogacy journey and becoming a parent. With many years of professional experience at assisted reproductive matters, including lobbying all of the surrogacy statutes in Nevada, the lawyers at Surratt Law are well versed and well-practiced at drafting gestational carrier / surrogacy agreements, donation agreements, negotiating contracts with matching programs and obtaining parental rights for our clients.
Here are the most common assisted reproductive technology / surrogacy / gestational carrier agreement questions and answers about assisted reproductive technology and surrogacy in 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 having a valid contract.
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”.
Yes, a gestational carrier agreement is enforceable in Nevada. In fact, Nevada requires that you have a gestational carrier agreement in place before the embryo transfer in order for intended parents to be declared the parents of a child pursuant to the arrangement. Our recommendation is that the contract be in place before your carrier begins her transfer medications to assure that you are in compliance with Nevada law.
No, Nevada specifically does not permit traditional surrogacy by statute. The law in Nevada provides that the surrogate / gestational carrier cannot 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 a third party.
Yes, a gestational carrier may be paid/compensated 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.
Yes, a single intended parent can utilize a surrogate/gestational carrier 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.
No, you can not pay for an embryo donation 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.
You can give an egg donor money for the pain and suffering of doing an egg donation procedure on your behalf.
No, intended parents do not have to register in the State of Nevada as domestic partners or be married to be the legal parents of a child born of a Nevada surrogacy/gestational carrier arrangement.
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.
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.
No, a hearing is not automatically required for a 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.
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 gestational carrier agreement.