• Gestational Surrogacy Agreements (Contracts)
• Pre-Birth Orders (PBOs)
Nevada Surrogacy Attorney for Intended Parents & Gestational Carriers
Thirty Years of Nevada Surrogacy Law, on Both Sides of the Agreement
Nevada is one of the most surrogacy-friendly states in the country. Under NRS 126.500–126.810, gestational surrogacy is expressly permitted for married couples, unmarried couples, single individuals, and LGBTQ+ parents alike. Neither intended parent is required to be genetically related to the child, and paid surrogacy is legal by statute. What Nevada law does require is that both sides of every surrogacy arrangement have their own independent legal counsel before any agreement is signed, and that agreement must be fully executed before medical procedures begin. Experienced representation isn’t just a practical advantage here. It’s a legal prerequisite.
Eric A. Stovall, Ltd. has worked Nevada surrogacy matters since 1995, representing intended parents, gestational carriers, and agencies throughout the state. Lead attorney Eric A. Stovall is a Past President of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA) and co-founded the American Academy of Assisted Reproductive Technology Attorneys (AAARTA), contributing to the legal standards that govern reproductive law nationally. Across more than three decades of family law practice, our firm has assisted in over 2,000 surrogacies and adoptions and handles more than 250 matters annually from offices in Reno and Las Vegas.
If you’re considering surrogacy in Nevada as an intended parent or gestational carrier, we offer free consultations. Call (775) 227-7221 to get started.
Nevada Surrogacy Law & the Matters We Handle
Nevada’s surrogacy statute governs gestational surrogacy only. Under the law, a gestational carrier may not contribute her own genetic material to the embryo. That distinction matters legally: a traditional surrogacy arrangement, where the surrogate is also the genetic mother, is not supported under NRS 126.500–126.810 and carries significant legal risk for all parties.
Within the framework of gestational surrogacy, we assist intended parents, gestational carriers, and agencies with the following matters:
- Gestational carrier agreements: Drafting and reviewing contracts that comply with Nevada’s statutory requirements, address compensation and expense responsibilities, and leave no terms open to interpretation.
- Pre-birth orders and parentage orders: Filing with the court to establish the intended parents as the legal parents before the child is born, directing the hospital to release the child to them at birth and reflecting the correct parentage on the birth certificate.
- LGBTQ+ and single-parent representation: Nevada law is neutral as to marital status, sexual orientation, and genetic connection. We regularly represent same-sex couples and single individuals pursuing gestational surrogacy.
- Egg, sperm, and embryo donation agreements: Legal guidance and contract drafting for families using donated genetic material as part of the assisted reproductive technology (ART) process.
- Surrogacy insurance review: Reviewing surrogacy-related insurance coverage to identify gaps and clarify liability before medical procedures begin.
- Agency formation: Legal services for new surrogacy agencies establishing themselves within Nevada’s regulatory framework.
Using a generic surrogacy contract template found online is legally risky. Nevada law sets specific requirements for what a gestational carrier agreement must contain and when it must be executed. A non-compliant agreement may be unenforceable, leaving all parties without the protections they expected.
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What Belongs in a Nevada Gestational Carrier Agreement
A well-drafted gestational carrier agreement is the foundation of every Nevada surrogacy. The statute requires it to be in writing, signed by all parties, and fully executed before any medical procedures begin, with the exception of the initial medical evaluation to determine the gestational carrier’s eligibility. Nevada also permits remote notarization, so parties in different cities can execute the agreement via video conference with an official remote notary, which is practical for families coordinating across Reno, Las Vegas, or out of state.
The agreement must address a defined set of terms to be enforceable under NRS 126.500–126.810:
- Surrogate compensation and expense reimbursement: Nevada does not cap what a gestational carrier may receive. The agreement should specify all compensation amounts, payment schedules, and which medical expenses the intended parents cover.
- Medical requirements and health standards: The gestational carrier must complete a medical evaluation related to the planned pregnancy. The agreement documents these requirements and any ongoing health expectations during the pregnancy.
- Medical decision-making authority: The agreement should define who has decision-making authority for medical procedures during the pregnancy and under what circumstances.
- Relinquishment of parental rights: Nevada law requires the agreement to expressly state that the gestational carrier and her spouse or partner relinquish all rights and duties to the child, and that the intended parents are the legal parents of any resulting child.
- Pre-birth order process: The agreement supports the pre-birth parentage order, which directs the hospital to release the child to the intended parents and establishes them on the birth certificate. A valid, properly executed agreement supports this order process.
- Contingency terms: A complete agreement addresses what happens in scenarios such as multiple pregnancies, medical complications, or changes in circumstances for any party.
Eric A. Stovall reviews every surrogacy contract to surface contingencies clients may not have considered. The goal is to help each party, intended parent and gestational carrier alike, enter the arrangement fully informed before anything becomes official.