Close Menu
Las Vegas Divorce Lawyer > Blog > Surrogacy > What are the Requirements For Gestational Surrogacy In Nevada?

What are the Requirements For Gestational Surrogacy In Nevada?


There are many different requirements that one has to meet before they can be a gestational surrogate in Nevada. It is sadly not uncommon for a family member or friend be willing to serve as a gestational surrogate for someone they love, only to find out that they are not able to do so due to something in their life situation or their background. Consulting a gestational surrogacy lawyer to discuss the responsibilities and requirements of gestational surrogacy before going ahead can save everyone involved a lot of heartache.

Who Can Be A Surrogate?

Perhaps the most important requirement Nevada insists on is that the proposed gestational surrogate cannot have contributed any genetic material to the pregnancy. There are two types of surrogacy, historically – traditional surrogacy is when a carrier contributes her own genetic material to the pregnancy, while gestational surrogacy is when a carrier is only that. Nevada has very favorable law for gestational surrogacy, while parties participating in traditional surrogacy must go through an adoption process.

The rest of the requirements are contractual. The surrogate must have executed their part of the gestational agreement before the in-vitro fertilization process can begin, and be medically and psychologically screened. In Nevada, gestational agreements must be in writing, and they have to contain provisions that settle the issues of compensation, parentage and expenses to be paid to the surrogate.

Requirements For Intended Parents

There are fewer strict requirements for the intended parents who wish to enter into surrogacy agreements. Nevada has very few restrictions on who may enter into a surrogacy agreement – single people, same-sex couples, and opposite-sex couples are all permitted to try and have children in this manner in Nevada, as long as the contract and process are handled in the appropriate way.

Intended parents are not even required to have any kind of genetic link to the child – in other words, both sperm and egg donors may be used. A separate legal contract with any donors is recommended. Both pre-birth and post-birth Orders can be obtained in court to settle any parentage issue, but the presumption is the intended parents listed on the surrogacy contract are the parents of any child born through surrogacy.

Contact A Nevada Surrogacy Attorney

A successful surrogacy can be a life-changing event for all involved, but an unsuccessful one can be life-changing in a bad way. To ensure that everything is as it should be, contacting an experienced Las Vegas surrogacy lawyer is critical. The Kainen Law Group has handled these cases for years, and is happy to try and help with yours. Call our Las Vegas offices today to schedule an appointment.


Facebook Twitter LinkedIn