If you are in a state where traditional surrogacy is allowed and the surrogate decides she wants to keep the baby, for example, then you could face potential legal issues in regards to who has parental rights. It is largely for this reason that Nevada only allows gestational surrogacy. When signing a gestational surrogacy agreement, the surrogate surrenders her parental rights over the child to the intended parents. To further protect your parental rights, your surrogacy attorney can draft and file a “pre-birth order”. If you went through a surrogacy agency, and suspect that your surrogate is going to or is growing attached to the baby during pregnancy, then you can usually utilize the agency’s counseling services to address the issue.

This answer will vary depending on the surrogacy. For example, some women can have a more difficult time while pregnant and may require extra services and other forms of assistance to help her carry the child safely to term. Further, if you go through an agency, they will have company related fees (such as a fee for matching you with a surrogate) on top of medical expenses and any other treatment the surrogate undergoes during pregnancy. Intended parents should come prepared to pay the above and more. An experienced Reno surrogacy lawyer can help you determine a realistic idea of the amount of expenses that you face.

Similarly to how you choose what type of adoption to have (open, closed etc.), you will determine the amount of contact between you and your surrogate during the initial agreement phase of the process. When drafting the surrogacy plan, you will discuss how often you will be in contact with her throughout the surrogacy process. This is completely negotiable and up to you and the surrogate. If you go through a surrogacy agency, they will often provide mediators to help with this process; however, if you are going through an independent surrogate, then a Reno surrogacy lawyer can help you.

You certainly do not have to use a surrogate agency when choosing a surrogate. If you know someone or want to find an independent surrogate, then you have the right to do so. However, if this is the route you want to take, then it is highly recommended (and in your best interest) to work with an experienced Reno surrogacy lawyer, like Eric, as Nevada surrogacy laws are complicated. Eric will be able to ensure that your parental rights (and your future child) are protected to the maximum extent of the law.

This is a question that is entirely up to you and your partner. However, there are certain advantages that you can look for when searching for one. For example, it is said to be better if a surrogate has been pregnant before. In fact, many surrogacy agencies vigorously screen potential surrogates for several factors (such as age and overall health) and will look for surrogates who have been pregnant previously. If you are having difficulty deciding where to begin, a local surrogate agency may be a good place to start your search.

In short, there are two types of surrogacy: traditional and gestational. Only the latter is legal in the state of Nevada.

1. Traditional Surrogacy. In this type of surrogacy, the surrogate’s eggs are used rather than the intended mother’s. This means that she is the biological mother of the child, which, as you can imagine, has a potential tendency to cause some unwanted legal issues. Additionally, a large majority of women still want a child of their own, which makes traditional surrogacy (where it is legal) an unappealing option. Again, in Nevada, traditional surrogacy is not permitted by law and is not advised.
2. Gestational Surrogacy. A more viable (and attractive) option for most couples is gestational surrogacy. In this type of surrogacy, a surrogate is inseminated via IVF with the intended parents’ sperm and egg and has no biological claim over the child.

Laws concerning Nevada surrogacy have changed drastically over the years, starting with the enactment of Assembly Bill No. 421 in October 2013. The goal of this bill was to outline, define and determine the legality of “gestational carrier arrangements”, revise “provisions relating to assisted reproduction” and other determinations concerning parentage. The new law also recognizes LGBTQ couples’ rights to be parents and protects their right to utilize the services of a surrogate.

Let us start with how to properly define “surrogacy”. In general, a surrogate is a woman who becomes pregnant on behalf of a couple who can otherwise not (or chooses not to) have children. Put simply, it is a legal agreement, previously determined between these two parties, that allows a surrogate to receive compensation in exchange for carrying a couple’s child(ren) to term. Once an agreement is reached and signed, the surrogate will be inseminated via in vitro fertilization (IVF) and will carry the child to term based on what has been laid out in the surrogacy agreement.