Nevada - Gestational surrogacy agreements are enforceable in court, however state law does not define whether genetic surrogacy contracts are enforceable.
A person acting as a surrogate is entitled to request compensation in excess of the reimbursement of expenses incurred.
All intended parents are able to enter into surrogacy agreements regardless of their marital status.
There are some definitions of rights of a person acting as a gestational surrogate:
- The surrogate must be represented by independent legal counsel. The intended parents are not required to pay for this representation.
- The surrogate must be under the care of a physician. The surrogate may choose their physician, but they must consult with the intended parents.
- Contracts for surrogacy services can be enforced in court, even if they require the surrogate to undergo medical exams, treatments and monitoring recommended by the doctors. She must also “abstain from any activities that the intended parent or physician providing care deems to be harmful to the pregnancy or to the future health of the child.
The state of Nevada does not place any restrictions on residency. If the contract was entered into in the state, the child is a resident of the state upon birth.