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Legal Aspects of Surrogacy - Nevada

Gestational Surrogacy Law in Nevada

Nevada is known for having some of the most comprehensive and favorable surrogacy laws in the United States, governed by Nevada Revised Statutes (NRS) 126.500-126.810. These statutes provide a clear legal framework for both gestational and traditional surrogacy, making the state a popular destination for intended parents and surrogates.

Key Aspects of Nevada Surrogacy Law

Gestational Surrogacy Legality

Gestational surrogacy, where the surrogate is not genetically related to the child, is explicitly legal and well-regulated in Nevada. The statutes provide a structured path for intended parents to establish their legal rights without ambiguity.

Traditional Surrogacy

While traditional surrogacy (where the surrogate is also the biological mother) is not explicitly addressed in the statutes, it is practiced. However, it is more complex legally. Intended parents must complete a full adoption process to secure parental rights. Additionally, traditional surrogates are not typically compensated, and they have a 3-day period post-birth to terminate their parental rights.

Commercial Surrogacy

Commercial surrogacy, where surrogates are compensated for their services, is legal in Nevada. The compensation covers various aspects, including medical risks, time, and other expenses as outlined in the surrogacy contract.

Crafting a Surrogacy Contract in Nevada

Contractual Requirements

To ensure the enforceability of a surrogacy contract in Nevada, several key elements must be included:

  • Surrogate Qualifications: The surrogate must have had at least one previous pregnancy and birth, must not contribute her own egg to the surrogacy, and must undergo medical and legal evaluations.

  • Participants: The contract should involve the surrogate, her spouse (if applicable), and the intended parents.

  • Details: The contract must clearly outline the rights and responsibilities of each party, financial aspects including surrogate compensation and insurance, and the process for establishing the intended parents' legal rights.

  • Medical Freedom: The surrogate should have the freedom to select her local physician.

Legal Representation

Both the surrogate and the intended parents must have separate legal representation to ensure that their rights and interests are protected. Once the contract is signed and notarized, the medical procedures for surrogacy can begin.

Establishing Legal Parentage in Nevada

Nevada courts typically issue pre-birth parentage orders for intended parents, regardless of their marital status, genetic connection to the child, or sexual orientation. These orders ensure that the intended parents' names are on the birth certificate immediately after the child's birth, provided the surrogacy agreement complies with statutory criteria.

Same-Sex Surrogacy

Same-sex surrogacy is legally treated the same as surrogacy for opposite-sex couples in Nevada. Same-sex couples often require an egg or sperm donor for IVF procedures, but their legal rights and the process for establishing parentage are the same as for other intended parents.

FAQs for Surrogacy in Nevada

Enforceability of Surrogacy Contracts

Surrogacy contracts in Nevada are enforceable if they adhere to the state’s surrogacy laws, ensuring that all parties' rights and obligations are clearly defined and legally protected.

International Surrogacy Arrangements

International intended parents follow the same laws as domestic intended parents. However, it is advisable to consult with an immigration lawyer to navigate the legalities of bringing their child home.

Post-Birth Adoption Necessity

Post-birth adoption is typically not required in Nevada due to the provision for pre-birth parentage orders. Exceptions may apply for arrangements made out of state or in special circumstances.

Second-Parent and Stepparent Adoptions

While second-parent adoptions are not permitted in Nevada, stepparent adoptions are available for married couples, allowing the non-biological parent to secure legal parental rights.

Use of Donor Gametes

In cases involving donor eggs, sperm, or embryos, pre-birth parentage orders usually suffice to establish the intended parents' legal rights. Nevada law ensures that donors do not have parental rights over the child.

Conclusion

Nevada provides a comprehensive and structured legal framework for surrogacy, ensuring clarity and protection for all parties involved. For personalized advice and to navigate the intricacies of surrogacy law, it is crucial to consult with a specialized surrogacy attorney. This ensures that the surrogacy journey is smooth, legally secure, and successful for both the intended parents and the surrogate.

Guide: Everything you need to know to become a surrogate in Colorado

In this quick guide, we will cover everything you need to know about becoming a surrogate in your state, including the requirements, compensation and benefits, legal aspects, and how we can assist you in starting your journey seamlessly.

How We're Different:

Choosing Modooboo means partnering with a team that values trust, compassion, and excellence. Our extensive experience, combined with a deep understanding of the emotional and physical aspects of surrogacy, makes us a trusted ally in your journey to parenthood or in your decision to help others become parents.

Empowered by Experience

Modooboo stands apart through the personal journeys of our team members. Our collective experience not only enriches our support system but also informs our development of comprehensive programs tailored to meet the varied needs of surrogate candidates.

Top-Tier Surrogate Benefits

Surrogates choose Modooboo as their guiding agency because we've designed our program with their needs at the forefront. Experience unparalleled generosity with our package offering up to $120,000 in compensation, ensuring you're among the highest-earning surrogates in the U.S. we ensure our surrogates feel valued and respected throughout their journey.

Personal Experience, Professional Guidance

We are more than an agency; we are a community of individuals who have personally embarked on the surrogacy journey. This personal touch, combined with our professional acumen, allows us to offer empathetic, informed guidance. We understand the emotional nuances of surrogacy from both the surrogate's and the intended parents' perspectives, enabling us to foster a supportive, understanding environment for everyone involved.

Get Started with Modooboo

As a surrogate with Modooboo, you can qualify for one of the industry's highest compensations, with surrogates earning up to $120K.

Frequently Asked Questions (FAQ)

  • The journey to become a surrogate is undertaken with thorough guidance and support from our experienced team. This rewarding path begins with meeting a set of criteria essential for ensuring a healthy pregnancy and childbirth on behalf of another individual or couple. Our process is meticulous, ensuring that all potential surrogates are well-prepared for this commitment.

  • To be considered for surrogacy, candidates must:

    Be under 38 years old

    Hold U.S. citizenship or permanent residency

    Reside in states where surrogacy is legally permitted

    Be in good physical and mental health

    Have successfully given birth to and are raising at least one child

  • Becoming a surrogate involves a comprehensive process, including:

    Initial Application: Your journey starts with our online application. Following this, our coordinator will discuss the process, address any queries, and request necessary forms for background and medical checks.

    Profile Questionnaire: You'll provide detailed information about yourself, forming the basis of your confidential profile for intended parents.

    Medical Review: We'll review your obstetric records to confirm your medical suitability for surrogacy.

    Consultations: Our team will guide you through the surrogacy process and address any concerns.

    Medical and Psychological Screenings: This includes health evaluations and discussions to ensure your readiness.

    Home Assessment: A social worker will ensure your living environment is conducive to a healthy pregnancy.

    Matching Process: We'll match you with intended parents that share your surrogacy goals.

    Legal Contracting: Once matched, a legal contract is formed with the intended parents.

  • Surrogates receive monthly payments starting after pregnancy confirmation via ultrasound. The total compensation package is comprehensive, reflecting individual journeys and specifics such as multiple pregnancies or additional embryo transfers. Our surrogates' compensation is highly competitive, with detailed breakdowns available on our benefits page.

  • Experienced surrogates receive higher compensation. Returning surrogates are awarded additional payment, reflecting their invaluable experience and commitment to helping families grow. For detailed figures and benefits, visit our pay and benefits page.

  • The possibility of multiple surrogacies depends on your health and delivery history. We have guidelines on the acceptable number of vaginal deliveries and C-sections to ensure your safety. If you're considering surrogacy again, we're here to discuss your eligibility.

  • We collaborate with surrogates across states where surrogacy is legal, providing comprehensive support throughout the journey. We accommodate surrogates from across the country, covering all associated travel and medical expenses.

  • Choosing our program connects you with top-tier fertility clinics and a network of support. We distinguish ourselves through competitive compensation from the start, coverage of all related expenses, access to exceptional medical care, and unwavering support throughout the surrogacy experience.

  • If you're drawn to the surrogacy journey, please apply through our online platform. For additional insights, our FAQ section and surrogate stories offer perspectives on the surrogacy experience. For any further inquiries, our dedicated team is ready to assist you.

Join Our Community

At Modooboo Surrogacy, we believe in creating spaces where our community can flourish - filled with resources, stories, and connections. Our journey together doesn’t end here; it spans across various platforms where you can dive deeper into the world of surrogacy, find support, and celebrate the magic of creating families. Join us beyond our website to explore more