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Becoming a Surrogate in Nevada

Nicole Lawson and Julie Allgood sitting on a bench

Abundant Beginnings Co. is an independent and privately-operated surrogacy agency, founded and run by two highly experienced women.  Together they bring over 26 years of comprehensive expertise in surrogacy, both from professional and personal perspectives, providing expert guidance and support to those embarking on the surrogacy journey in Nevada.

Nevada law allows for gestational surrogacy agreements between intended parents and gestational carriers, providing a clear legal framework for the surrogacy process. These agreements must meet specific requirements to be enforceable, and ABC Surrogacy Co. is well-versed in crafting agreements that protect the rights and interests of all parties involved.

Our team of devoted staff members is committed to assisting and navigating you through every stage of the surrogacy journey.


Why Be A Surrogate?

Becoming a surrogate involves big commitment, but ultimately brings the reward of helping create new families.

Compensation & Costs

In Nevada, gestational carriers may receive reasonable compensation for their services. The exact amount of compensation can vary depending on factors such as the surrogate’s experience, the specific arrangements made with the intended parents, and the terms of the gestational agreement.

According to NRS 126.800, “A gestational carrier may receive reimbursement for expenses and economic losses resulting from participation in the gestational carrier arrangement.” 

This means that in addition to base compensation, surrogates in Nevada can also be reimbursed for expenses related to the pregnancy, such as maternity clothes, medical copays, and childcare costs.

The intended parents are typically responsible for maintaining a health insurance policy that covers the surrogate’s prenatal, delivery, and postpartum care. If the surrogate’s employer does not provide a surrogacy friendly policy or she does not not have insurance coverage, the intended parents are required to reimburse the surrogate for deductibles, copays, and other out-of-pocket medical expenses related to the pregnancy and childbirth.

It is essential for both intended parents and gestational carriers in Nevada to carefully review and negotiate the financial aspects of their surrogacy arrangement with the support of a qualified family formation attorney, ensuring that all parties are comfortable with the compensation and reimbursement terms. The gestational agreement should clearly outline these terms to avoid any confusion or disputes later in the process.

Nevada Surrogate Requirements

Here is the Requirements section adapted for Nevada, with citations from the provided Nevada law:

  • Medical Evaluation: Surrogates in Nevada must undergo a medical evaluation to determine their eligibility to serve as a gestational carrier.
  • Independent Legal Consultation: Surrogates must have legal consultation with independent legal counsel regarding the terms of the gestational agreement and the potential legal consequences of the arrangement. NRS 126.740(1)(b) states that a prospective gestational carrier must have “undergone legal consultation with independent legal counsel regarding the terms of the gestational agreement and the potential legal consequences of the gestational carrier arrangement.”
  • Background Checks: Background checks and psychological screening may be part of the agency’s process to verify the surrogate’s suitability and minimize risks to the surrogacy process.

While Nevada law does not explicitly mention age, BMI, or citizenship requirements for surrogates, the medical evaluation requirement helps ensure that the surrogate is physically fit for pregnancy and delivery.

Surrogates must not have contributed any gametes that will ultimately result in an embryo they will attempt to carry to term.

Screening Process for Potential Surrogates

The screening process for becoming a surrogate in Nevada is designed to ensure the health, safety, and well-being of all parties involved in the surrogacy arrangement.

Required Screenings

Prospective surrogates in Nevada must undergo a comprehensive medical evaluation to determine their eligibility to serve as a gestational carrier. This evaluation assesses the surrogate’s overall health and ability to carry a pregnancy to term safely.

Legal Consultation

In addition to the medical evaluation, prospective surrogates must undergo legal consultation with independent legal counsel regarding the terms of the gestational agreement and the potential legal consequences of the surrogacy arrangement. This consultation ensures that the surrogate fully understands her rights, responsibilities, and the legal implications of the surrogacy process.

No Contribution of Gametes

As per NRS 126.740(1)(c), the prospective surrogate must not contribute any gametes that will ultimately result in an embryo she will attempt to carry to term. This requirement helps establish the legal parentage of the intended parents and clarifies the surrogate’s role in the arrangement.

Psychological Evaluation

Surrogates  undergo a psychological evaluation to assess their emotional stability and suitability for the surrogacy process. This evaluation may include personality testing and an assessment of the surrogate’s support system, including their partner or spouse, if applicable.

Background Checks

To ensure the safety and security of all parties involved,  criminal background checks are conducted on prospective surrogates and other adults living in their household. This helps identify any potential risks or concerns that could impact the surrogacy process.

Throughout the screening process, ABC Surrogacy will guide prospective surrogates and provide support to ensure a smooth and successful journey for all involved.

The Surrogacy Process

Surrogacy agencies in Nevada have the freedom to set their own surrogate qualifications, but many follow the guidelines set by the American Society for Reproductive Medicine to ensure the success and well-being of the surrogate throughout the journey.

Gestational Agreement

In Nevada, a gestational agreement is a crucial component of the surrogacy process. As per NRS 126.750(3), the gestational agreement must be “in writing,” “executed before the commencement of any medical procedures in furtherance of the gestational carrier arrangement,” and “notarized and signed by all the parties with attached declarations of the independent attorney of each party.”

The agreement must also include “the express written agreement of the gestational carrier to surrender legal and physical custody of any resulting child to the intended parent or parents immediately upon the birth of the child.” (NRS 126.750(4)(a)(2)).

Legal Consultation

Before signing the gestational agreement, both the surrogate and the intended parents must undergo legal consultation with independent legal counsel. NRS 126.750(2) states, “The gestational carrier and the intended parent or parents must be represented by separate, independent counsel in all matters concerning the gestational carrier arrangement and gestational agreement.”

Matching and Contracting

The surrogacy agency will facilitate the introduction and pairing of the surrogate with prospective intended parents based on mutual preferences and suitability factors. Independent counseling will ensure clear expectations and alignment before formal matching.

Upon alignment with the intended parents, the surrogate will sign a comprehensive surrogacy contract outlining all aspects of the arrangement and responsibilities.

Medications and Pregnancy

The surrogate will begin medication to prepare her body for an embryo transfer. During pregnancy, the surrogate will adhere to all medical guidelines from her OB/GYN and reasonable requests from the intended parents, including attending regular prenatal checkups and providing updates.

The agency will notify the attorneys around 15 weeks of pregnancy, and they will initiate the process of preparing the birth certificate paperwork and the court order for the intended parents.

Delivery and Post-Birth

Qualifying as a surrogate involves more than just meeting medical requirements. Surrogates must be aware of the emotional and psychological effects the process can have on themselves and their families.

Surrogacy is a significant commitment of time and energy, comparable to having a part-time job. Surrogates may experience hormonal changes and contrasting emotions during pregnancy, so having an active support system in place is crucial.

While we have discussed some useful information regarding the qualifications, the best way to learn more about surrogacy is to give us a call at (323) 207-5762 with no commitment required. We are here to answer all your questions.

Surrogacy for LGBT Families

Nevada’s surrogacy laws are inclusive and do not discriminate based on sexual orientation or gender identity. The language used in the statutes is gender-neutral, ensuring that LGBT individuals have equal access to surrogacy as a means of building their families.

NRS 126.590 defines an “Intended parent” as “a person, married or unmarried, who manifests the intent as provided in NRS 126.500 to 126.810, inclusive, to be legally bound as the parent of a child resulting from assisted reproduction.” This definition makes no reference to the intended parent’s sexual orientation or gender identity, thereby allowing LGBT individuals and couples to pursue surrogacy.

Furthermore, the law does not place any restrictions on who can become a gestational carrier based on their sexual orientation or gender identity. NRS 126.580 defines a “Gestational carrier” as “an adult woman who is not an intended parent and who enters into a gestational agreement to bear a child conceived using the gametes of other persons and not her own.” This definition focuses on the medical aspects of surrogacy and does not discriminate against LGBT individuals who wish to become gestational carriers.

At Abundant Beginnings Co., we are committed to providing a welcoming and inclusive environment for all individuals and couples, regardless of their sexual orientation or gender identity. Our team is well-versed in the specific needs and concerns of the LGBT community and is dedicated to helping LGBT intended parents navigate the surrogacy process with sensitivity and understanding.

If you are an LGBT individual or couple considering surrogacy in Nevada, or if you are an LGBT individual interested in becoming a gestational carrier, we encourage you to reach out to us for more information and support. We are here to help you achieve your dream of building a family through surrogacy.

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