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Nevada's Awesome Surrogacy Laws

Wow… have you heard? Nevada has amazing surrogacy laws! As a surrogate/gestational carrier, this is what you need to know:


  • Financial compensation or payment to the gestational carrier is  allowed in Nevada as long as it is negotiated in “good faith” between the carrier and Intended Parent(s).

  • The Gestational Agreement is legally binding. It is signed by the carrier and her spouse or domestic partner (if any) and the Intended Parent(s). It must specifically state that the surrogate/carrier agrees to pregnancy via assisted reproduction and the Intended Parent(s) are the legal parents of the resulting child.

  • The Intended Parent(s) are responsible for all medical and legal expenses for the carrier as soon as the Agreement is signed.


  • The carrier must complete a pre-screening medical evaluation related to the anticipated pregnancy before signing the Gestational Agreement but no IVF procedures can begin until after the Agreement is signed.

  • If the carrier is married or in a registered domestic partnership at the time of signing the Gestational Agreement, the carrier’s spouse or domestic partner must also sign in order for the Agreement to be valid. If the carrier gets married or registered a domestic partnership after the Agreement has been signed it does not void the Agreement already in place.

  • Traditional surrogacy is illegal in Nevada. Traditional surrogacy is when the surrogate is also the biological mother.

  • All parties to the Gestational Agreement must be represented by separate legal representation. This means that the carrier together with her spouse or domestic partner (if any) and the Intended Parent(s) have different attorneys.

  • Nevada does not discriminate against same-sex couples or single people who want to become parent(s). Intended Parent(s) do not need to be married or registered as a domestic partnership.

  • Intended Parent(s) do not need to live in Nevada nor the United States. International families may enter into a Gestational Agreement with a carrier in Nevada.

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