Questions About Becoming a Surrogate in Nevada?
Our Reno Surrogacy Lawyer Answers Nevada Surrogacy Law FAQs
Our civilization has come a long way. The evolution of education and human ingenuity has brought us some amazing things such as antibiotics, electricity and modern transportation. We are better equipped to diagnose and treat illnesses and disorders now more than ever. As a result, as of the past couple decades, couples experiencing fertility issues and dilemmas have finally been able to start families of their own. There are many reasons why a couple may be considered infertile, such as endometriosis, prostate issues and low egg count; conversely, basic biology may be causing the fertility dilemma when an LGBTQ couple decides to start or grow their family. Whatever the reason, many people who are unable to have children on their own still desire to have a child they can call their own. Happily, the modern day provides options, such as adoption and surrogacy, for infertile or LGBTQ couples that will help them grow and complete their family.
Local Reno surrogacy lawyer, Eric Stovall, has been a practicing lawyer for over 30 years. He is a respected adoption and surrogacy lawyer and advocate throughout Reno as well as the greater state of Nevada. Since opening the doors to his adoption law firm in 1995, he has helped several of his fellow Nevadans complete their families by helping them through the surrogate and/or adoption process. No matter if you are the surrogate or the intended parents, Eric can help ensure the legality of the entire Nevada surrogacy process and that your parental rights are protected. He can answer any questions, help you draft and fill out all appropriate forms and provide his legal opinion every step of the way.
What Are Some Frequently Asked Questions About Nevada Surrogacy?
Eric has been practicing surrogacy and adoption law for a long time. As such, he has answered many questions spanning across many different issues and topics when it comes to Nevada surrogacy. The following are some of the most common surrogacy questions that Eric has been asked the most over the years.
- What Is Surrogacy?
- What Is Nevada Surrogacy Law?
- Are There Different Types of Surrogacy?
- How do I Choose a Surrogate?
- Can I Pursue Surrogacy Individually?
- How Much Contact Will I Have With My Surrogate?
- How Much Will Surrogacy Cost Me?
- Does the Surrogate Have Any Parental Rights?
What Is Surrogacy?
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.
What Is Nevada Surrogacy Law?
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.
Are There Different Types of Surrogacy?
In short, there are two types of surrogacy: traditional and gestational. Only the latter is legal in the state of Nevada.
- 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.
- 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.
How do I Choose a Surrogate?
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.
Can I Pursue Surrogacy Individually?
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.
How Much Contact Will I Have With My Surrogate?
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.
How Much Will Surrogacy Cost Me?
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.
Does the Surrogate Have Any Parental Rights?
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.
More Surrogacy Questions? Our Reno Adoption Law Firm Offers Free Consultations
Making the decision to start or further grow your family is one of the most important and joyful decisions in a person’s life. When you decide to grow your family by utilizing the services of a surrogate, it is vitally important that you do so legally and emerge with your parental rights fully intact. One of the surest ways to do this is to have an experienced Reno surrogacy lawyer like Eric by your side.
Eric has been helping Nevadans grow their family through surrogacy and adoption since 1995. He knows all the intricate in’s and out’s of federal and state laws regarding surrogacy and can help you every step of the way before, during and after your Nevada surrogacy process. He can help you draft surrogacy contracts (including international contracts), answer any questions and provide exceptional legal service with the reputable professionalism that he is known for. Call Eric at (775) 337-1444 or contact us online today to schedule a consultation about your Nevada surrogacy.