With clearly defined laws and legal protections, Nevada is considered one of the most surrogacy-friendly states in the country.
If you're a hopeful parent or a prospective surrogate, you'll need to understand Nevada's surrogacy law. This guide will walk you through your rights, responsibilities and what to expect from the legal side of surrogacy.
With American Surrogacy, you’ll have trusted experts helping you navigate every step of your journey. Speak with a surrogacy specialist today if you're ready to take the next step.
Nevada Surrogacy Laws: What Makes This State a Top Choice?
Nevada allows gestational surrogacy under Nevada Revised Statutes, sections 126.500 through 126.810. These laws outline who can enter into a surrogacy agreement, what must be included in the contract and how legal parentage is established.
This strong legal framework makes Nevada’s surrogacy process legally secure for both intended parents and gestational surrogates.
Is Paid Surrogacy Legal in Nevada? Here’s What You Should Know
Yes, paid surrogacy is legal in Nevada with no restrictions on compensation. Intended parents can legally compensate a surrogate for her time and effort. This compensation also ensures she’s supported and comfortable during every stage of the process.
Because we work with surrogates and families nationwide, we can help you match in Nevada if you live in a less surrogacy-friendly state.
Want to learn more about how surrogate compensation works and why it matters? Explore our full breakdown today.
Are Surrogacy Contracts Enforceable in Nevada?
Yes, surrogacy contracts are fully enforceable in Nevada, as long as they meet the legal requirements outlined in the law.
According to Nevada law, valid contracts must meet the following criteria:
The agreement must be in writing and signed voluntarily by all parties. Each party must be represented by separate legal counsel. The surrogate must complete a medical evaluation and have a legal consultation.
Surrogacy Contract Checklist
A well-drafted surrogacy contract is the foundation of a safe and successful journey. Here’s what should be included in your surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
American Surrogacy coordinates with top surrogacy attorneys to ensure your contract reflects your wishes and complies with Nevada law.
When Do I Need a Surrogacy Contract in Nevada?
Your surrogacy contract comes after you match with a surrogate or intended parents. It's important to note that a Nevada court must validate the agreement prior to embryo transfer.
Curious about what comes next? Learn more about the surrogacy timeline.
Where Do I Sign My Surrogacy Contract?
To be valid in Nevada, your surrogacy contract must be signed and notarized within the state. Common places for notarization include:
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Banks
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UPS Stores
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Online notary platforms
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Local government offices
Working With an Agency: How American Surrogacy Supports You During the Contract Stage
American Surrogacy will walk you through every legal step. Our team works alongside your attorney to ensure your rights are protected and your agreement is fully compliant with state law.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
You can be confident that before we present a surrogate’s profile, we research and verify that the state's surrogacy laws will support your journey.
LGBTQ+ Surrogacy Laws in Nevada
Nevada is one of the most inclusive states when it comes to LGBTQ+ surrogacy law. Here’s what you need to know:
In Nevada, both intended parents are listed as "Parent" on the birth certificate. Married and unmarried LGBTQ+ couples can receive pre-birth orders in Nevada, regardless of their genetic connection to the baby. This option is available for married and unmarried LGTBQ+ couples to enforce their legal rights after the child's birth.
At American Surrogacy, we proudly support LGBTQ+ hopeful parents on their family-building journeys.
Abortion Laws in Nevada and Surrogacy Contract Termination Agreements
In Nevada, abortion is prohibited at 24 weeks and later.
Every surrogacy contract includes terms around potential outcomes like termination or selective reduction. This ensures that everyone involved has a clear understanding of how these situations would be handled before the journey begins.
If Nevada's laws don't align with your preferences, working with a national agency like American Surrogacy allows you to match in a different state where the laws are more supportive.
Surrogacy Laws for Establishing Parentage in Nevada: Securing Your Legal Rights
Nevada law offers a streamlined process for intended parents to be recognized as the legal parents of their child.
This option is available to single parents and married and unmarried couples. To get a pre-birth order, you do not need a genetic connection to the child. These may be used when a pre-birth order wasn't issued or if the court prefers to finalize parentage after the birth.
How to Get a Pre-Birth Order in Nevada: 3 Steps to Legal Parentage
Follow these steps to secure a pre-birth order in Nevada:
Your attorney will handle all necessary legal paperwork and guide you through each step of the process. Your attorney will submit the petition to the court, along with your signed and notarized surrogacy contract and other required documentation. Once the court approves your pre-birth order, you’ll be listed as the legal parents on the birth certificate. This is typically issued about a week after the birth.
International Surrogacy Laws: What Global Families Need to Know About Nevada
International intended parents can pursue surrogacy in Nevada. The state doesn’t limit parentage orders based on citizenship or residence, making it a safe option for families abroad.
We can help you match with a U.S. surrogate and guide you through the legal process from start to finish.
The Role of a Surrogacy Attorney in Nevada: Why Legal Guidance Matters
A surrogacy attorney ensures your rights are protected, your agreement complies with Nevada law and your parentage is legally recognized.
We partner with trusted surrogacy attorneys throughout Nevada and can help you connect with the right one for your journey.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost in Nevada?
Legal fees for surrogacy attorneys in Nevada typically range from $5,000 to $15,000, depending on the complexity of the case and the services required. These fees usually cover contract drafting, negotiation, legal consultation and filing for parentage orders.
Because both parties need independent legal counsel, intended parents are responsible for covering the surrogate’s legal fees as part of the overall arrangement.
To simplify budgeting, we include these legal costs in our program pricing. With American Surrogacy, you don’t have to worry about surprise expenses along the way.
Find a Surrogacy Attorney Near Me
Looking for an experienced attorney? These professionals are part of our trusted network:
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Surratt Law Practice (Reno): Kimberly Surratt started practicing law in 2002 and opened her firm in 2007. She’s been a member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA) since 2010.
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The Cooley Law Firm (Las Vegas): Shelly Cooley represents clients in all areas of family law, including assisted reproduction and surrogacy. She’s also an AAAA member.
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Naimi Mullins Law Group (Las Vegas): Katherine Provost has over 20 years of experience in family law. She focuses on assisted reproduction, LGBTQ+ family formation, gamete donation and surrogacy. She’s also an AAAA member.
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Eric A. Stovall LTD (Reno): Eric Stovall has been in practice since 1987. He’s a sustaining member and past president of the American Academy of Adoption and Assisted Reproductive Attorneys.
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Kunin Law Group (Las Vegas): Israel “Ishi” Kunin and Shoshana Kunin-Leavitt focus on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. They’ve been AAAA members since 1990 and 2015, respectively.
Explore Our Surrogacy Programs in Nevada: Options That Fit Your Journey
At American Surrogacy, we offer three different programs to match your unique needs and budget.
Limited Risk Program
This program protects intended parents from financial loss in cases like failed transfers or surrogate disqualification. Your fees are credited or refunded so you won’t pay twice.
Foundation Program
This pay-as-you-go option has lower upfront costs. It's ideal for families who find success early in the journey, but keep in mind that extra services may cost more if complications arise.
Independent Surrogacy Program
Matched with a surrogate already? We’ll handle the rest. Our Independent Program helps you avoid duplicate fees while still giving you expert legal and emotional support.
FAQ: Legal Aspects of Surrogacy in Nevada
Are insurance companies required to cover IVF in Nevada?
No. Nevada does not mandate IVF coverage. States that do include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah.
Is an embryo considered a person in Nevada?
No. In Nevada, an embryo is not considered a person. This allows for flexible IVF practices, including storage, transfer and discarding.
Is traditional surrogacy legal in Nevada?
No. Traditional surrogacy is not permitted under Nevada Revised Statutes, sections 126.500 through 126.810. The law specifies that a surrogate cannot contribute her own egg.
Do sperm and egg donors have parental rights?
No. Under Nevada Revised Statues section 126.660, donors do not have parental rights unless they participate in assisted reproduction with the intent to parent.
Is there an IVF Tax Credit?
No. However, qualified medical expenses can be deducted from your federal return if they exceed 7.5% of your adjusted gross income.
Ready to Take the Next Step?
Nevada’s strong legal protections and inclusive state laws make it one of the most surrogacy-friendly places in the country.
Whether you're starting your surrogacy journey or just gathering information, we’re here to help. When you partner with American Surrogacy, you gain a dedicated team of professionals who will make sure you feel informed and support.
Contact us today to speak with a Nevada surrogacy specialist.