|At The LGBT Law Center, in Las Vegas, Nevada, we represent clients throughout Clark County, including North Las Vegas and Henderson.
Please read our disclaimer.
Beginning October 1, 2013, Nevada will have the most progressive Surrogacy-Gestational Carrier law
in the United States. The new law governs gestational agreements under which a woman carries and
gives birth to a child intending that another person or persons become the legal parent or parents of
the child. The law provides that if an enforceable gestational agreement is entered into by the
gestational carrier, her spouse or domestic partner, if any, and the intended parent or parents: (1) the
resulting child upon the birth of that child; and (2) the gestational carrier and her spouse or domestic
partner, if any, are not the legal parents of the resulting child.
To protect everyone involved, the law establishes the requirements for: (1) a person to be eligible to
be a gestational carrier; (2) the intended parent or parents; and (3) the execution and contents of an
enforceable gestational agreement. This new law establishes remedies for a breach of a gestational
agreement, authorizes the reimbursement of certain expenses incurred by a donor of a gestational
carrier in connection with a gestational agreement; and enacts provisions governing the compensation
paid to a gestational carrier. On the whole, the new Surrogacy law opens the realm of possibility to
create a family to a broad range of people. International couples, unmarried couples, LGBT couples
and single people wanting to become parents will now be able to utilize a gestational carrier in
Nevada to achieve their goal. The new law provides for a pre-birth order process that will expedite
establishing parentage by court order before the birth of the child, and simplify the process of
obtaining birth certificates and passports for the resulting child(ren).
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