assisted reproduction technologies

 

Nevada, unlike many states and countries, has specific laws governing assisted reproductive technology (ART).  On October 1, 2013, the most current Nevada law addressing Assisted Reproductive Technology (ART) went into effect.   The law was placed under Chapter 126 – Parentage.  Nevada’s ART law is progressive in that it is both gender neutral and marital status neutral.  Nevada law allows for the creation of family without discrimination on the basis of gender, sexual orientation or marital status.

ART is a method of causing pregnancy other than sexual intercourse. ART includes, without limitation: 1.  Intrauterine insemination; 2.  Donation of eggs; 3.  Donation of embryos;  4.  In vitro fertilization and transfer of embryos; and 5.  Intracytoplasmic sperm injection.

The following are Questions and Answers one might have concerning ART.

What is a Gestational Agreement?

A Surrogacy/Gestational Agreement is a contract between an intended parent or parents and a gestational carrier intended to result in a live birth.

What is a Gestational Carrier?

A Gestational Carrier, or Surrogate, is an adult woman, who is not an Intended Parent, who carries a child for an Intended Parent(s).

What is an Intended Parent?

An Intended Parent is a person, married OR unmarried, who demonstrates an intent to be a parent of a child(ren) resulting from assisted reproduction.

What is Traditional Surrogacy?

In Traditional Surrogacy, the Surrogate Carrier is genetically related to the resulting child as she is the Egg Donor.

Is Traditional Surrogacy allowed in the State of Nevada?

No. Traditional Surrogacy is specifically NOT allowed in the State of Nevada.

Nevada law provides that the Surrogate/Gestational Carrier CANNOT be genetically related to the resulting child.  Intended Parent(s) must use the egg of an Intended Mother or an Egg Donor.

What is Gestational Surrogacy?

In Gestational Surrogacy, the Surrogate/Gestational Carrier is NOT genetically related to the child –  she is not the Egg Donor.

Is Gestational Surrogacy allowed in the State of Nevada?

Yes. Nevada law specifically allows for Gestational Agreements provided the  minimum requirements of Nevada law are met, including, but not limited to, having a valid contract.

What is a Gestational Agreement?

A Gestational Agreement is a contract between an Intended Parent(s) and a Surrogate/Gestational Carrier intended to result in a live birth.

Are Gestational Agreements enforceable in Nevada?

Yes. Gestational Agreements are enforceable in Nevada provided specific conditions are met. Nevada requires that a Gestational Agreement be in place before the Surrogate/Gestational Carrier begins any medical procedures in furtherance of the Gestational Agreement.

Can you pay a Gestational Carrier in the State of Nevada?

Yes. A Surrogate/Gestational Carrier may receive reimbursement for expenses and economic losses resulting from being a Surrogate/Gestational Carrier.

Do Intended Parents in a Gestational Carrier Agreement have to be married?

No. Intended Parents (Different-Sex and Same-Sex) in a Gestational Agreement may be married OR unmarried.

Can a single, Intended Parent utilize a Gestational Carrier in the State of Nevada?

Yes. A single, Intended Parent can utilize a Surrogate/Gestational Carrier in the State of Nevada.

Can a Donor be used in the State of Nevada?

Yes. Nevada law allows for a person to donate eggs, sperm or embryos for assisted reproduction by a woman. A Donor is not a parent of a resulting child conceived by assisted reproduction unless the person consented to assisted reproduction with the intent to be a parent of the resulting child(ren).

Does the Intended Parent(s) in a Gestational Carrier Arrangement need to be genetically related to the resulting child(ren)?

No. The Intended Parent(s) does not need to be genetically related to the resulting child(ren).

Do Same-Sex Intended Parents have to register in the State of Nevada as Domestic Partners to be the legal parents of a child born of a Gestational Agreement?

No. Same-Sex Intended Parents do not have to register in the State of Nevada as Domestic Partners to be the legal parents of a resulting child(ren).

Can an Intended Parent(s) of a Gestational Agreement obtain a pre-birth order in the State of Nevada?

Yes. Nevada law authorizes an Intended Parent(s) to obtain a pre-birth court order designating them as the parent(s) on the birth certificate of the resulting child(ren).

Can an Intended Parent(s) of a Gestational Agreement obtain a post-birth order in the State of Nevada?

Yes. Nevada law authorizes an Intended Parent(s) to obtain a post-birth court order designating them as the parent(s) on the birth certificate of the resulting child(ren).

Is a hearing required for a pre-birth order to be obtained in the State of Nevada?

No. A hearing is not automatically required for a pre-birth parentage order in the State of Nevada. However, the Court has the authority to require a hearing. Historically, the Court will  require a hearing if the parties have not followed Nevada law.

Am I required to have a lawyer for a Gestational Agreement?

Pursuant to Nevada law, both the Intended Parent(s) and the Surrogate/Gestational Carrier must be represented by separate, independent attorneys in all matters regarding the Surrogate/Gestational Carrier arrangement and Gestational Agreement.

In what state should I have an attorney for a Gestational Carrier Arrangement?

It is highly recommended that you retain a lawyer in the state in which the child(ren) will be born as that is the state that will determine parentage and issue the birth certificate. Under Nevada law, both the Intended Parent(s) and the Surrogate/Gestational Carrier must have independent, legal counsel.

Can an international, same-sex, male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?

Yes. An international, same-sex, male couple may obtain an initial birth certificate naming the biological father and the Surrogate/Gestational Carrier. However, it may only be done with specific court orders and the couple must understand that each Judge operates differently and there is a possibility that the Judge is unwilling to assist with this request.

Can an international, same-sex, male couple subsequently obtain a birth certificate naming only the biological father and/or both fathers, with no mention of the Gestational Carrier?

Yes, an international, same-sex, male couple may subsequently obtain a birth certificate naming only the biological father and/or both fathers, with no mention of the Surrogate/Gestational Carrier. However, it may only be done with specific court orders and the couple must understand that each Judge operates differently and there is a possibility that the Judge is unwilling to assist with this request.

Pursuant to Nevada law, the Intended Parent(s), Surrogate/Gestational Carrier and/or Donor must be represented by “separate, independent counsel” before the commencement of any medical procedures  in furtherance of the Agreement (other than the medical evaluation).The Cooley Law Firm will work with the Intended Parent(s)Surrogate/Gestational Carrier, or Donor(s).  The Cooley Law Firm will provide you with the legal assistance and advice necessary to enter into an enforceable agreement and to obtain any necessary pre/post birth Orders.  Please contact The Cooley Law Firm at (702) 265-4505 to discuss your legal goals.