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Las Vegas Divorce Lawyer > Blog > Surrogacy > What Are Pre-Birth Orders and Nevada Surrogacy?

What Are Pre-Birth Orders and Nevada Surrogacy?


When a person or couple wants to have a child in Nevada via surrogacy, they must enter into what is usually called a gestational carrier agreement, which sets forth the agreements reached between the carrier and the intended parents. As most intended parents will want the authority to act for their child as quickly as possible, parents who choose to have a child via surrogacy in Nevada will seek what is called a Pre-Birth Order (PBO) entered before the child comes into the world. It is important to understand what the purpose of a PBO is before deciding whether your situation warrants one.

Transferring Parentage

Nevada surrogacy laws are among the most welcoming in the country, and quite a few couples (and singles) come each year in order to take advantage of them. However, there are strict procedures that must be followed in order for a valid surrogacy contract to actually be created and executed. For example, Nevada only permits gestational surrogacy; traditional surrogacy, where a carrier uses their own genetic material to contribute to an embryo, is seen as problematic. The gestational carrier may not have contributed their own gametes, and must relinquish all parental rights in the agreement.

A pre-birth order is essentially when all the relevant legal documents for a child and their parents are completed ahead of time, in order for the intended parents to immediately be able to make decisions on their child’s behalf. In Nevada, pre-birth order proceedings can begin as early as the start of the gestational carrier’s second trimester, though they generally must begin at least by the seventh month of pregnancy. After all, the whole point of obtaining a PBO is to ensure that you as the intended parent can act for your baby when they are born.

The Effect Of A PBO

In order to obtain a PBO, you can file for the order in any county in Nevada as long as the child is born in Nevada. The court will want to see documents like the gestational agreement that has been executed. Nevada is much more understanding of all different types of families. For example, both intended parents are able to be on the child’s birth certificate, regardless of whether only one is genetically related to the child or not.

If the order is approved in time, not only will parental rights attach to you and your partner upon the moment of the child’s birth, but you will also have an easier time at the hospital. You will be able to make medical decisions for your child, and be listed on the child’s birth certificate right away. You will also be able to have your baby discharged from the hospital to you.

Call A Las Vegas Surrogacy Attorney

Surrogacy law is a complex and intricate area of law, and it is crucial that you have a knowledgeable attorney on your side to help you navigate the process. The Kainen Law Group has handled many surrogacy cases over the years, and we have the experience and knowledge to handle yours as effectively as possible. Contact our Las Vegas surrogacy attorneys today to schedule an initial consultation.


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