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What Are The Responsibilities Of Intended Parents In Nevada Surrogacy?

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For many years now, Nevada has been known as a welcoming destination for couples and single people looking to become parents via surrogacy. There are specific rules surrounding who may be a surrogate or a parent in the state, and specific responsibilities and requirements Intended Parents and gestational surrogates must meet in order to ensure that the surrogacy agreement they sign will be enforceable.

Must Accept Parental Rights & Custody

Nevada law only addresses gestational surrogacy, where the carrier of the child does not contribute any genetic material to its creation (as opposed to traditional surrogacy, where the person carrying the child may contribute gametes). This means that the intended parent or parents of the resulting child must find a surrogate willing to carry their child to term, and have a fair and legal contract prepared.

Chief among the criteria that must be included in a valid gestational agreement is that the potential surrogate and their spouse (if they have one) must relinquish “all rights and duties” as to the child. In other words, the gestational carrier and their spouse must agree not to try and be parents to the child, when the entire point of the surrogacy contract is for the carrier to agree to carry a child for the intended parents. The other side of the proverbial coin, of course, is that the intended parents must accept custody of and parental rights over the child, with the only exception being if the surrogate became pregnant with her own child.

Compensation Is Permissible

One optional requirement is that the intended parents must compensate the gestational carrier monetarily. State law holds that “reasonable compensation” is permissible, though what the word ‘reasonable’ means will generally be determined on a case-by-case basis. The contract will also vest parental rights in the intended parents.

Keep in mind that once the gestational surrogate becomes pregnant, neither they nor the intended parent or parents may change their mind about the agreement. The intended parents must be ready to accept the child after pregnancy has begun.

Call A Las Vegas Surrogacy Attorney

Preparing a gestational agreement can be difficult, simply because there are often many little details involved. However, with an experienced Las Vegas surrogacy attorney from the Kainen Law Group, you can ensure that you have the legal help you need to make sure both you and your surrogate know your rights and the requirements you must meet. Contact us today to schedule a consultation.

Resource:

leg.state.nv.us/NRS/NRS-126.html#NRS126Sec710

https://www.kainenlawgroup.com/what-are-pre-birth-orders-and-nevada-surrogacy/

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