Nevada Pre-Birth Order Attorney
PBO Guidance in Nevada
Surrogacy is a wonderful way to start a family in Nevada. A pre-birth order, or PBO, is used to ensure the intended parents will have legal rights over their child upon the child’s birth. Additionally, it can be helpful to provide the hospital with written instructions as to how to treat the intended parents upon when they arrive at the hospital and begin taking the legal responsibility for their new born child. The process of drafting and executing a PBO can quickly become complicated, and all parties will benefit from retaining the services of a legal professional.
At Eric A. Stovall, Ltd., we are committed to helping prospective parents throughout Nevada start new families. Our Nevada pre-birth order lawyer has over 25 years of experience and has been handling surrogacy cases ever since they have been offered in the state of Nevada. We will draft your parentage petition from which the court will issue a PBO, file the necessary paperwork with the court, and protect your interests every step of the way. Gestational surrogacy can be stressful, but we will leverage our knowledge and resources to ensure the process goes as smoothly as possible.
If you have questions about pre-birth orders and whether you need one in Nevada, call (775) 227-7221 or contact us online to schedule a free initial consultation.
How Pre-Birth Orders Work in Nevada
The State of Nevada allows gestational surrogacy, which involves a surrogate receiving genetic material from an intended parent and/or a donor. The surrogate will carry the child to term, at which point the intended parents will assume legal control of the infant.
Note that gestational surrogacy is distinct from traditional surrogacy. Traditional surrogacy involves the use of the surrogate’s own genetic material and is not recognized by Nevada law.
The pre-birth order accomplishes two major legal tasks: First, the surrogate relinquishes all parental rights which could be assumed to exist because she gave birth to the child. Second, the intended parents' parental rights to the child are confirmed by a Nevada court as soon as the child is born. This allows both intended parents to immediately make medical decisions and be listed on the child’s birth certificate. When the intended parents do not properly obtain a pre-birth order, they will not have legal authority over their child when they are born.
Heterosexual couples, same-sex couples, and individual parents can all use pre-birth orders under state law. These orders may be filed in any Nevada county. If you are not sure whether you qualify for gestational surgery, our Nevada pre-birth order attorney can review your situation, clarify your eligibility, and address your concerns.
When Should Nevada Parents Start Pre-Birth Order Proceedings?
Before the surrogacy begins – that is, before the surrogate becomes pregnant with one of the intended parent’s genetic material – all involved parties must negotiate and execute a gestational agreement. This contract will define the terms of the arrangement, including details on compensation and reasonable restrictions. For example, the surrogate may be required to refrain from smoking, drinking alcohol, or doing anything that might harm the health or viability of the child.
Once a gestational agreement is in place, the surrogacy can proceed. The intended parents can then work with the surrogate to start pre-birth order proceedings at the beginning of the second trimester. You must start the process no later than the surrogate’s seventh month of pregnancy. Your PBO must be signed by all parties and submitted and accepted to the applicable court before the child is born for the contract to be enforceable.
In other words, it is in everyone’s best interest to start drafting the parentage petition to obtain the PBO as soon as the second trimester begins. You do not want a situation where your child cannot be immediately discharged to you because you waited too long to complete legal formalities.
At Eric A. Stovall, Ltd., we can assist with all stages of a gestational surrogacy, as well as adoption. We can help ensure your PBO is enforceable and address any complications that may develop.
Considering gestational surrogacy in Nevada? Contact us online or call (775) 227-7221 to discuss your concerns with our Nevada pre-birth order lawyer.
Eric is a Reno adoption and surrogacy attorney dedicated to protecting Nevada families and helping them grow. If you are considering the adoption of a child, using a surrogate, or becoming a surrogate, contact us to learn how to get started.