LGBT Surrogacy

LGBT Surrogacy Laws in Nevada: Everything You Need to Know

For LGBT couples dreaming of parenthood, navigating surrogacy laws can feel overwhelming — especially when legal complexities vary dramatically from state to state. Some states create unnecessary hurdles for same-sex couples, requiring lengthy post-birth adoption processes or failing to recognize both parents’ rights from day one.

But what if there was a state where LGBT surrogacy laws were designed with your family in mind?

Nevada stands as one of the most progressive in America for LGBT surrogacy, offering clear legal protections that help same-sex couples become a parent faster than many other states. Here, you don’t have to wait any longer to start your family. State law permits gestational surrogacy per Nev. Rev. Stat. NRS 126.500-126.810 and allows same-sex couples to select a surrogate to carry a child for them, with pre-birth orders granted throughout the state and both parents named on the birth certificate.

Ready to learn your options? Contact Our Expert Staff to discover how these LGBT-friendly laws can accelerate your path to parenthood.

Gay Surrogacy Laws in Nevada and Establishing Parentage: Will We Get a Pre-Birth Order?

Courts in this state will issue pre-birth parentage orders to couples (married and unmarried) and individuals, regardless of the genetic relationship between them and their child born via surrogacy. Same-sex couples using an egg donor or sperm donor can receive pre-birth orders declaring both intended parents as the legal parents. Unlike states where complex post-birth procedures create uncertainty, this state’s pre-birth order system ensures your parental rights are established before your baby even arrives.

Pre-birth orders offer unparalleled protection for LGBTQ+ families because no genetic connection is required for either parent, they’re available to both married and unmarried gay couples, they cover all donor situations, and they protect your rights from the moment of birth.

The pre-birth order process typically takes 4-6 weeks and must be completed before the baby’s birth. Courts issue a “pre-birth parentage order” validating the gestational agreement and establishing intended parents’ parental rights.

Nevada Non-Genetic Parent Rights: Can Both Dads or Both Moms Be Legal Parents?

State law does not require two Intended Parents to be opposite gender to both be parents using a surrogate, and Intended Parents do not have to be married to both be parents through surrogacy. This approach means the non-genetic parent in a gay relationship has the same legal standing as their partner.

Legal Parentage for Male Same-Sex Couples Using Egg Donors in Nevada

For male gay couples: Whether you’re using an egg donor with one partner’s sperm or donor sperm entirely, courts recognize both fathers as legal parents through the pre-birth order process.

Legal Parentage for Female Same-Sex Couples Using Sperm Donors in Nevada

For lesbian couples: Whether you’re using one partner’s egg with donor sperm or donor eggs with donor sperm, both mothers receive equal legal recognition.

What If We’re Not Married — Can We Both Be Legal Parents?

Unmarried LGBTQ+ couples have full access to the same legal protections. State law allows pre-birth orders for married couples, unmarried couples and single individuals whether they are heterosexual or same-sex, and regardless of their genetic connection to the child.

Marriage is not required to establish joint legal parentage. Unmarried gay couples enjoy the same rights as married couples throughout the surrogacy process, including equal access to pre-birth orders, joint listing on birth certificates, shared decision-making authority during pregnancy, and equal parental rights after birth.

The advantage of marriage: While not required, married couples may find certain administrative processes slightly streamlined, particularly for hospital procedures and medical decision-making.

I’m a Single Parent — Can I Still Be Declared the Legal Parent?

Single LGBTQ+ individuals don’t have to wait any longer to start your family. The state welcomes single intended parents and pre-birth orders are available for single individuals whether they are heterosexual or same-sex.

Whether you’re a single gay man, lesbian, or any individual in the LGBTQ+ community, state law provides clear pathways to parenthood through surrogacy. The process involves establishing a gestational carrier agreement, working with independent legal counsel, obtaining a pre-birth order to secure your parental rights, and receiving a birth certificate listing you as the sole parent.

Single parents using their own genetic material: If you’re using your own egg or sperm combined with a donor gamete, the pre-birth order process remains straightforward.

Single parents using donor materials: Even when using both donor eggs and donor sperm, Nevada allows single intended parents to establish legal parentage through the pre-birth order system.

How Will Our Names Appear on the Birth Certificate?

Same-sex parents are named on the final birth certificate as “Parent and Parent.” Both intended parents are listed with this neutral terminology regardless of gender.

This neutral language ensures equal recognition regardless of your family composition. Male same-sex couples, female same-sex couples, and different-gender couples are all listed with both parents shown as “Parent” on official documents.

How Long Will It Take to Get the Birth Certificate?

Once the court approves your pre-birth order, you’ll be listed as the legal parents on the birth certificate. This document is typically issued about a week after the birth.

Venue flexibility: Nevada allows you to file for pre-birth orders in any county within the state, and legal outcomes don’t vary by location, providing flexibility in choosing where to establish your parental rights.

What you’ll receive: Your baby’s birth certificate will show no mention of the gestational carrier, listing only you and your partner (if applicable) as the legal parents.

Do We Need a Second Parent Adoption After Surrogacy?

In most cases, no additional adoption steps are necessary. Intended parents don’t have to adopt children born through surrogacy because the court would have already issued them a pre-birth parentage order establishing their parental rights.

When Second Parent Adoption Might Be Necessary

The only situations where additional adoption steps may be required include completing your surrogacy in another state that doesn’t issue pre-birth orders, moving to a state that doesn’t recognize the state’s pre-birth orders, or seeking additional legal security when traveling internationally.

Courts will grant second parent adoptions to same-sex couples living in the state, and the petition cannot be filed until 30 days after the birth of the child. However, this is typically unnecessary due to the robust pre-birth order system.

Nevada Surrogacy Contract Requirements for LGBT Couples

State legislation requires intended parents and the surrogate to have a written surrogacy contract in place before any medical procedures begin, with both intended parents and the surrogate having independent legal representation.

What Must Nevada LGBT Surrogacy Contracts Include?

Important contract provisions for same-sex couples must include clear establishment of intended parents’ rights from conception, explicit waiver of parental rights by the gestational carrier, decision-making authority during pregnancy, thorough financial arrangements and expense coverage, medical decision-making protocols, and contingency planning for various scenarios.

Nevada’s Legal Representation Requirements for Same-Sex Couples

The statute specifically requires that the gestational carrier agreement expressly state that the gestational carrier and her legal spouse/partner relinquish all rights and duties to the child conceived through assisted reproduction.

State law mandates that all parties have independent attorneys, ensuring your interests are fully protected throughout the process.

Nevada LGBT-Friendly Surrogacy Agencies: Why Use Professional Services?

Professional surrogacy agencies provide important benefits specifically valuable for gay and lesbian couples.

Legal Protection and LGBT Expertise

Agencies offer access to attorneys specializing in same-sex surrogacy law, familiarity navigating state-specific requirements, knowledge of how LGBTQ+ surrogacy laws vary across states, and protection against legal challenges specific to gay families.

Faster Surrogate Matching for Same-Sex Couples

Agencies also offer faster matching times through pre-screened surrogates comfortable with LGBTQ+ families, dedicated matching specialists who understand same-sex family dynamics, reduced waiting periods through established networks, and professional screening that eliminates compatibility issues.

Complete Nevada LGBT Surrogacy Support Services

Beyond matching, agencies provide thorough support through guidance on pre-birth order procedures, coordination between medical and legal professionals, support for unique considerations facing gay and lesbian families, and advocacy throughout your entire journey.

Agencies familiar with state LGBT surrogacy laws can navigate potential complications before they become problems, ensuring your path to parenthood remains smooth.

Nevada LGBT Surrogacy Attorneys: Finding Legal Counsel

Top LGBTQ+ surrogacy attorneys who understand your unique journey:

Shelley Booth Cooley – Las Vegas Represents clients in all areas of assisted reproduction and surrogacy. AAAA member with extensive LGBT surrogacy experience.

Katherine Provost – Las Vegas (Naimi Mullins Law Group) Over 20 years of family law experience focusing on LGBTQ+ family formation, gamete donation, and surrogacy. AAAA member.

Eric A. Stovall – Reno (Eric A. Stovall LTD) Practicing since 1987, sustaining member and past president of the American Academy of Adoption and Assisted Reproductive Attorneys. Passionate about helping LGBT couples expand their families.

Israel “Ishi” Kunin – Las Vegas (Kunin Law Group) AAAA member since 1990, focuses on assisted reproduction and LGBTQ+ family formation.

Shoshana Kunin-Leavitt – Las Vegas (Kunin Law Group) AAAA member since 2015, specializes in egg donation, embryo donation, sperm donation, and surrogacy for LGBT families.

Kimberly Surrat – Practices in both California and Nevada ART Fellow (sustaining member) with extensive experience in multi-state LGBT surrogacy cases.

Why choose an LGBT-experienced attorney? These attorneys understand the unique challenges facing gay and lesbian couples and have successfully guided hundreds of same-sex families through the state’s surrogacy process.

Starting Your Nevada LGBT Surrogacy Journey: Next Steps

Here’s how to move forward:

Step 1: Connect with an LGBTQ+-friendly surrogacy agency Choose an agency with proven track record in state LGBT surrogacy laws and a history of successful matches with LGBT-supportive surrogates.

Step 2: Schedule legal consultation Meet with a local attorney specializing in same-sex assisted reproduction to understand your specific rights and requirements.

Step 3: Begin medical and psychological evaluations Complete the necessary screenings while your agency begins the matching process with pre-screened surrogates.

Step 4: Review state-specific legal requirements Your attorney will ensure all local legal requirements are met, including proper contract structure and pre-birth order preparation.

Step 5: Match with your ideal surrogate Work with your agency to connect with a gestational carrier who supports gay and lesbian family building and meets all legal and medical requirements.

With the state’s forward-thinking LGBTQ+ surrogacy laws and the right professional support, you don’t have to wait any longer to start your family.

Nevada LGBT Surrogacy Laws: Your Path to Parenthood

Nevada’s forward-thinking LGBT surrogacy laws provide same-sex couples with robust legal protections. From pre-birth orders that establish your parental rights before birth to birth certificates that recognize your family structure, these laws remove the legal barriers that can complicate surrogacy in other states.

You don’t have to navigate this alone. Connect with professionals today who understand state LGBT surrogacy laws and can guide you through every step of your journey to parenthood.

Begin your surrogacy journey today

Ready to get started? Contact a surrogacy agency now to get free information.

Get Free Info