Understanding surrogacy laws in Nevada
Nevada surrogacy laws are among the most supportive and clearly defined in the United States, offering a safe and welcoming environment for Intended Parents and Surrogates alike. Whether you’re dreaming of building your family or considering the generous act of becoming a Surrogate, you can feel confident knowing that Nevada’s legal framework is designed to protect everyone involved. The state’s surrogacy statutes, found in Nevada Revised Statutes (NRS) Chapter 126, provide comprehensive guidance on every step of the process—from eligibility and contracts to parental rights and responsibilities.
Nevada’s approach is rooted in transparency, fairness, and respect. Both gestational and traditional surrogacy are recognized, and the law ensures that all parties—regardless of marital status, sexual orientation, or gender identity—are treated with dignity and legal clarity. This commitment to inclusivity and protection means your surrogacy journey in Nevada is supported by some of the most robust legal safeguards in the country. For a broader look at surrogacy laws nationwide, you can visit the ASRM’s state-by-state surrogacy resource.
Who can become a Surrogate or Intended Parent in Nevada
Nevada welcomes a diverse range of Intended Parents and Surrogates, reflecting the state’s commitment to family-building for all. Here’s what you need to know about eligibility:
Intended Parents
- Marital status: Both married and unmarried individuals or couples can pursue surrogacy in Nevada.
- Sexual orientation and gender identity: The law is inclusive—LGBTQ+ individuals and couples have the same rights and protections as anyone else.
- Residency: You do not need to be a Nevada resident to enter into a surrogacy agreement in the state, making Nevada a popular choice for out-of-state and international Intended Parents.
Surrogates
- Age: Surrogates must be at least 21 years old.
- Health: A thorough medical and psychological screening is required to ensure the Surrogate is physically and emotionally prepared for the journey.
- Previous pregnancy: Surrogates should have had at least one prior uncomplicated pregnancy and delivery.
- Lifestyle: Surrogates must live in a stable environment and be free from substance abuse.
These requirements are in place to protect the health, safety, and well-being of everyone involved. By setting clear standards, Nevada ensures that surrogacy is a positive, empowering experience for both Surrogates and Intended Parents.
Types of surrogacy recognized in Nevada
Nevada stands out for its recognition and regulation of both major forms of surrogacy:
Gestational surrogacy
- Definition: The Surrogate carries a child conceived using the egg and/or sperm of the Intended Parents or donors. The Surrogate has no genetic relationship to the child.
- Legal status: Gestational surrogacy is fully legal and protected under Nevada law, with clear procedures for establishing parental rights.
Traditional surrogacy
- Definition: The Surrogate’s own egg is used, making her the biological mother of the child.
- Legal status: Traditional surrogacy is also permitted, but it involves additional legal steps to ensure the Intended Parents’ rights are established and the Surrogate’s rights are respected.
Compensated and altruistic surrogacy
- Compensation: Nevada allows both compensated (paid) and altruistic (unpaid) surrogacy arrangements. Compensation must be clearly outlined in the surrogacy contract to ensure transparency and fairness.
By recognizing all forms of surrogacy, Nevada offers flexibility and choice—so your journey can be tailored to your unique needs and values.
Surrogacy contracts and required legal protections
A legally sound surrogacy contract is the cornerstone of a safe and successful surrogacy journey in Nevada. The law requires that every surrogacy arrangement be governed by a written agreement, signed before any medical procedures begin.
Key contract requirements
- Independent legal counsel: Both the Surrogate and the Intended Parents must have their own attorneys to ensure their interests are fully protected.
- Detailed terms: The contract must address compensation, medical care, parental rights, decision-making during pregnancy, and what happens in the event of complications or disputes.
- Pre-birth parentage orders: Nevada allows Intended Parents to obtain a court order before the child is born, ensuring their names appear on the birth certificate from day one.
Why these protections matter
These legal safeguards are designed to prevent misunderstandings and protect everyone’s rights. By requiring clear, comprehensive contracts and independent legal advice, Nevada ensures that surrogacy is a transparent, respectful, and secure process for all parties.
Rights and responsibilities of Intended Parents and Surrogates
Nevada surrogacy laws clearly define the rights and responsibilities of both Intended Parents and Surrogates, fostering trust and peace of mind throughout the journey.
Intended Parents
- Parental rights: Intended Parents are recognized as the legal parents from birth, thanks to pre-birth parentage orders.
- Financial responsibility: Intended Parents are responsible for all agreed-upon expenses, including medical costs, legal fees, and Surrogate compensation.
- Decision-making: Intended Parents have the right to make decisions about the child’s care after birth.
Surrogates
- Right to medical care: Surrogates are entitled to comprehensive medical care and support throughout the pregnancy.
- Compensation: If the arrangement is compensated, Surrogates receive payment as outlined in the contract.
- Autonomy: Surrogates retain the right to make decisions about their own health and well-being during pregnancy, within the terms of the agreement.
These clear roles and responsibilities help ensure that every surrogacy journey in Nevada is built on mutual respect, understanding, and legal certainty.
Begin your surrogacy journey in Nevada with confidence
Choosing surrogacy is a profound and personal decision—one that deserves the highest level of care, clarity, and support. Nevada’s surrogacy laws are designed to protect your dreams and your rights, every step of the way. At Hatch, we’re here to guide you with expertise, compassion, and unwavering commitment to your safety and success. Whether you’re an Intended Parent or a Surrogate, you can trust us to be your partner in this life-changing journey.
Ready to take the next step?
Connect with Hatch today and begin your surrogacy journey in Nevada with confidence, knowing you’re supported by the state’s strongest legal protections and a team that truly cares.
Frequently Asked Questions
- Are Nevada surrogacy laws friendly to LGBTQ+ Intended Parents?
Yes, Nevada surrogacy laws are fully inclusive, ensuring equal rights and protections for LGBTQ+ individuals and couples.
- Do I need to live in Nevada to use its surrogacy laws?
No, you do not need to be a Nevada resident. Intended Parents from any state or country can pursue surrogacy in Nevada.
- Is compensated surrogacy legal in Nevada?
Yes, both compensated and altruistic surrogacy arrangements are legal, as long as all terms are clearly outlined in the contract.
- What legal steps are required before starting surrogacy in Nevada?
Both parties must sign a detailed surrogacy contract with independent legal counsel, and Intended Parents can obtain a pre-birth parentage order.
- Where can I find more information about surrogacy laws in Nevada?
For official legal details, visit the Nevada Revised Statutes Chapter 126 or consult the ASRM’s surrogacy by state resource.
- Are there any benefits to working with a Surrogate in Nevada?
Nevada passed legislation that prevents health insurance companies from imposing a lien on the insurance policy being utilized for the surrogacy. This means that a Surrogate’s maternity care is covered without the added cost of a lien if she has a Nevada health insurance policy. This is a great topic to explore with an insurance expert specializing in surrogacy.