An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Nevada

Generally, is your state friendly to ART? Nevada is extremely friendly to ART.

Is your state friendly to non-married couples? Nevada is 100% friendly to non-married couples using surrogacy or ART.

Is your state friendly to LGBT families? Nevada is absolutely to LGBT families using surrogacy or ART.

Is your state friendly to a single intended parent? Nevada is friendly to a single intended parent

Are there statutes in place for surrogacy?  Nevada has statutes in place for surrogacy.

Does your State have an embryo donation statute? Nevada has an embryo donation statute.

Does your State have an egg donation statute? Nevada has an egg donation statute.

Is gestational surrogacy (third party gamete use) permitted? Gestational surrogacy (third party gamete use) is permitted in Nevada

Is traditional surrogacy (use of the surrogate’s genetic material) permitted? Nevada prohibits traditional surrogacy (use of the surrogate’s genetic material).

Is compensated surrogacy allowed by statute?  In practice?  Nevada allows paid surrogacy by statute.

Is non-compensated allowed by statute?  In practice? Nevada does have statutes that allow expense reimbursement only surrogacy.

Does your state only permit a Carrier to be reimbursed for expenses?  Nevada does not limit payments or reimbursements to a Carrier.

Are surrogacy agreements enforceable, void or prohibited?  By Statute, surrogacy agreements are enforceable.  Nevada’s appellate courts have never addressed a case involving the enforceability of surrogacy agreements, but there is no reason to believe that the court would not enforce the agreements.

Do both Intended Parents both have to be genetically related to the child? Nevada’s laws provide a basis for Intended Parents to have their legal parentage confirmed, even if both are not genetically related to the child.

Does your State require at least one Intended Parent to be genetically related to the child?  Nevada does NOT require at least one parent be genetically  related to the child for intended parents to be parents in a surrogacy.

If a single intended parent uses surrogacy do they have to be genetically related to the child? A single intended parent can be a parent through surrogacy in Nevada even if they are not genetically related to the child.

Do the Intended Parents have to be married?  Intended Parents do not have to be married to both be parents in Nevada through surrogacy.

Do two Intended Parents have to be opposite gender?  Nevada does not require two Intended Parents to be opposite gender to both be parents using a surrogate.

Does your state allow pre-birth parentage orders to be issued for surrogacy?  Nevada courts will issue pre-birth parentage orders for surrogacy pursuant to statute.

Does your state only allow a post-birth parentage order to be issued? Nevada does not limit parentage orders to post-birth parentage.

Can you obtain both a pre and post birth order in your State for the same child? In Nevada, Intended Parents can obtain both a pre and post birth order for the same child

Can you obtain a parentage order if only the carrier resides in the State? In Nevada, Intended Parents can obtain a parentage order if only the carrier resides in Nevada

Can you obtain a parentage order if only the intended parents reside in the State? In Nevada, Intended Parents can obtain a parentage order if only the intended parents reside in Nevada.

Can you obtain a parentage order if only the birth occurs in the State? In Nevada, Intended Parents can obtain a parentage order if only the birth occurs in Nevada

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in the State?  In Nevada, Intended Parents can obtain a parentage order if only the medical procedures/IVF Clinic is in the State.

What is the basis for venue in the State? In Nevada, if Nevada has jurisdiction the parties can file in any District Court in the State of Nevada, meaning venue is proper in every county in Nevada.

Do results vary by venue?  In Nevada, results do not vary by venue except that some venues are slower than others.

Is a hearing required for a parentage order?  Nevada does not require a hearing for surrogacy.

Does the State have a passport office? Nevada does not have a passport office.

How long does it take to obtain a birth certificate?  In Nevada, parents can sometimes obtain a birth certificate within seven to ten days after the hospital sends the paperwork to vital records.

Will your vital records honor a parentage order from another state? Nevada vital records will honor a parentage order from another state, but some of the hospitals require the parentage order to first be registered in Nevada.

Does your vital records require a parentage order from another state to be registered? Nevada vital records does not require a parentage order from another state to be registered, but some of the hospitals require registration

How does the birth certificate list same-sex parents?  Nevada vital records will list same-gender parents as “parent/parent” on the birth certificate

Can an initial birth certificate be obtained naming the biological parent and the carrier?  In Nevada, it is possible to obtain an initial birth certificate naming the biological parent and the carrier.

Can the birth certificate be amended to include only the biological parent or both intended parents?  In Nevada, the birth certificate can be amended to include only the biological parent or both intended parents, with the appropriate court order.

Do your amended birth certificates say “amended” on them?  Nevada’s amended birth certificates do not say “amended” on them.

Can intended parents in a surrogacy obtain an adoption order?  Intended parents in a surrogacy can obtain an adoption order in Nevada within six months after the birth of the child.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Nevada should not rely exclusively on these printed responses.  All these issues should be discussed with a Nevada ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.