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The Rights of Surrogates In Nevada

Pregnant

Sometimes, couples cannot conceive children on their own, for a variety of reasons. When that occurs, some people turn to surrogacy, contracting to have the surrogate (known as “gestational carriers”) carry a child for the intended parents. The law in Nevada is specific and favorable process for both gestational carriers and prospective parents, especially if you have an experienced attorney on your side when negotiating the contract. Nevada law requires attorneys to be involved in the contracts.

The Basics

Nevada has been described as a surrogacy friendly state. The laws on surrogacy were modified significantly in 2013, removing some gendered language and clarifying the rights and responsibilities of all parties to a surrogacy contract.

Properly executed agreements under Nevada law requires that the gestational carrier and any partner or spouse relinquish all potential rights to the child at the time of the contract, which cuts down on the disputes seen in other states where parental rights are less clear-cut. It is also important to note that Nevada does not restrict who may enter into a gestational carrier contract, permitting same-sex and opposite-sex couples to do so – thus, no one may be denied parental rights on the basis of gender alone.

Ensuring Your Contract Is Valid

Because state law determines issues like compensation and parental rights based upon a properly executed gestational carrier contract, there are strict requirements that must be followed in order for your contract to be ‘properly executed.’ The list is laid out directly in the relevant statute. A valid gestational carrier contract must be in writing, notarized and signed by each party (and include declarations by each party’s independent attorney), and there must be individual attestations that each party has been educated about the obligations and responsibilities mandated by the agreement. Contracts must be complete prior to the start of any medical process.

The law is as clear as possible about the events that must be covered in the contract, including the carrier’s willingness to relinquish the child and any claim to custody (as well as the willingness of the carrier’s partner or spouse), the parents’ acceptance of custody and responsibility to support the child, and the right of the carrier to use the physician she chooses. While this may seem overly detailed, laying out such provisions gives couples a clear road map to follow, and clear warning of what is and is not legally permissible.

Seek Experienced Legal Assistance

Because the law in Nevada is quite particular, it is imperative to have a knowledgeable legal professional on your side. The dedicated and compassionate Las Vegas surrogacy lawyers at the Kainen Law Group will do our very best to make your experience as smooth as possible, so that everyone walks away satisfied. Contact us today at 702-823-4900 to make an initial appointment.

Resource:

leg.state.nv.us/NRS/NRS-126.html#NRS126Sec720

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