Is Surrogacy Legal in Nevada?

 For some couples and individuals looking to expand their families, surrogacy may be the right option. The women who become or want to become surrogate mothers demonstrate a great deal of commitment and selflessness to help these couples and individuals become the parents they were meant to be. Although surrogacy leads to the creation of many families each year, it can consist of some legal complexities depending on the situation. If you are considering participating in the surrogacy process, it’s important to research what your options are and whether they are legally sound in your state of residence. To provide some clarity over whether surrogacy is legal in Nevada, Adoption and Surrogacy Choices of Nevada is breaking down circumstances in which you may encounter some legal obstacles. It’s important to us that you are aware of what limitations may exist so you can quickly find a path that fits your family planning needs in a legal manner. If you have any additional questions regarding the legality of surrogacy, our legal team is more than happy to provide you with any guidance you need.

 What are the Methods of Becoming a Surrogate?

There are two different ways a woman can become a surrogate mother: traditional surrogacy and gestational surrogacy. In traditional surrogacy, a woman assists the intended parents by using her egg for fertilization by the sperm of an intended parent. She then carries the baby until she gives birth. In gestational surrogacy, the surrogate is not biologically related to the baby, but she still carries the baby to term for the intended parents. The intended parents usually provide their own egg and sperm to create the baby unless they rely on a separate egg or sperm donor.

Can I Pursue Traditional Surrogacy in Nevada?

Because the surrogate is the biological mother in traditional surrogacy, she would have parental rights to the baby up until relinquishment. That means that at any time up until she relinquishes her parental rights to the intended parents, she can change her mind about giving up the baby. Since this creates a whole host of legal complications, traditional surrogacy is illegal in most states. Even in the states where it is legal, there are often restrictions applied to lower the chances of a conflict.

Will a Nevada Surrogate Agency Offer Gestational Surrogacy Services?

At Adoption and Surrogacy Choices of Nevada, we are more than happy to assist you in your gestational surrogacy journey. Due to the minimal legal conflicts that can potentially arise from gestational surrogacy compared to traditional surrogacy, this form of surrogacy is legal in Nevada. Even though the surrogate does not have parental rights to the baby at any point in the process, she should still seek legal representation before she agrees to proceed with the pregnancy to ensure that her interests are protected and that she is making an informed decision.

How Can Intended Parents Pursue Gestational Surrogacy in Nevada without an Egg?

Perhaps a gay couple is considering surrogacy, and it’s important to them that one of them is biologically related to the baby. Maybe a heterosexual couple wants to utilize surrogacy to create their family, but the woman is unable to produce a healthy egg. In either case, it might seem as though traditional surrogacy is a viable option to resolve the couples’ dilemma. However, it is still entirely possible for couples facing these circumstances to pursue gestational surrogacy.

Instead of using an intended parent’s egg for fertilization, a couple can choose to use a donor’s egg to make the baby. The donor must fill out an application and go through a rigorous screening process to determine if she is physically and mentally fit to donate her eggs. After approval, the matching process takes place between intended parents and prospective donors. During this process, Adoption and Surrogacy Choices of Nevada will provide intended parents with a variety of donor profiles to select from. In some cases, intended parents may choose to meet their donor, or they may already know her.

How Can Prospective Surrogates Ensure They Meet Surrogate Requirements in Nevada?

The surrogacy process can be long and demanding for all parties involved, but gestational surrogacy can deliver amazing rewards while eliminating some of the legal pains and stress that can come up with traditional surrogacy. When you pursue gestational surrogacy, you are already meeting an important surrogate requirement by having the surrogate only carry the baby. Remember that your caseworker or legal advisor is a great resource for you to learn more about all the legal aspects of surrogacy so you meet all legal requirements.  When you work with Adoption and Surrogacy Choices of Nevada, we will ensure that your surrogacy journey is free of avoidable legal complications.

Remind them in the conclusion that to learn more about the legality of the situation, to contact their caseworker or their legal adviser.

Adoption and Surrogacy Choices of Nevada has been providing adoption and surrogacy services across Nevada since 2012. You can also call us to speak to someone now. Contact Us 24/7: 855-940-4673 (Toll-Free) | 702-474-4673 (Las Vegas) | 775-825-4673 (Reno) | 775-738-4673 (Elko) | 775-884-4673 (Carson City).

Meet the Author: Mary DeStefano is an Ohio native currently living in northern Virginia and works in the litigation consulting industry where she has experience in antitrust, product liability, and mass torts matters. She holds a B.A. in Economics (‘15) and an M.A. in Applied Economics (‘16) from the University of Cincinnati. 

Mary is passionate about empowering and supporting those involved in the adoption and surrogacy processes. She finds great meaning in wielding the written word to develop impactful narratives and to help people stay informed. In her spare time, Mary can be found beachcombing and going on other adventures with her dog along the shores of the Chesapeake Bay. She also has an affinity for antiquing and loves a good 80’s movie marathon.