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FAQ On ART: Assisted Reproductive Technology In Nevada


In this day and age, it is simply not necessary to be married in order to have children. Assisted reproductive technology (ART) is a term used to describe a number of ways that couples or even single people can have children. While it is more common than it perhaps has ever been, there is still quite a bit of misinformation spread around about what ART is and who can use it to create a family.

Types of Surrogacy

One of the most common occasions for confusion when first beginning to look into surrogacy is to misunderstand the nature of the types of surrogacy available in Nevada. Two types of surrogacy exist in Nevada, but only one is commonplace. Traditional surrogacy is when the person uses her genetic material and is related to the child that is born. Gestational surrogacy is just the opposite, where the surrogate has no genetic ties to the fetus.

Nevada law explicitly defines a gestational surrogacy contract as one between an intended parent or parents and a gestational carrier, who has no genetic relation to the child.

Intended Parents Can Be Anyone

The intended parents, who are identified in the surrogacy contract, may be able to obtain a pre-birth court order naming them as the child’s official parents. The legal definition of an intended parent in Nevada is a person (regardless of marital status) who shows the legal intent necessary to be the parent of any child conceived under the terms of the surrogacy contract they signed. Nevada has always been somewhat progressive in that even before Obergefell v. Hodges made marriage equality federal law, same-sex couples were permitted to use ART in the state in the same manner as heterosexual couples.

Nevada law requires that both the Intended parents and the Gestational Carrier be represented by independent counsel, to ensure that everyone’s interests are protected.

Contact A Surrogacy Attorney

Surrogacy can be a stressful topic for many people, but having a knowledgeable attorney on their side can help calm fears and smooth the overall process. The dedicated attorneys at the Kainen Law Group are well versed in this area of law and are happy to try and help you with your case. Contact us today to set up an initial consultation.


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