Guidance for Surrogates & Intended Parents
Surrogacy has become a more prevalent family-building option for many individuals and couples, especially in Nevada. Known for its favorable surrogacy laws, Nevada stands out as an attractive destination for both surrogates and intended parents. But while the legal climate is supportive, both parties involved in a surrogacy arrangement are encouraged to seek independent legal representation to protect their rights and interests throughout the process.
The Importance of Independent Legal Representation
Nevada's legal framework for surrogacy is found in the Nevada Revised Statutes, Chapter 126. As one of the most comprehensive in the United States, NRS offers clear guidelines for the legal relationship between surrogate/parent/child.
NRS 126.750 outlines the requirements for a legally valid gestational agreement. Under this statute, the surrogate and intended parents must have "separate, independent counsel in all matters concerning the gestational carrier arrangement and gestational agreement." Independent legal representation means that each party in a surrogacy agreement retains their own attorney who advocates exclusively for their interests.
Similarly, the gestational agreement must be:
- In writing
- Established before any medical procedures begin (except the initial health screening)
- Signed by all involved parties with an attached declaration of each party's independent legal representation
- Notarized party's
Safeguarding the Interests of the Surrogate
Surrogates require legal protections to ensure fair compensation, appropriate medical care, and clarity on their rights and responsibilities. Having their own, independent legal representation can help facilitate a fuller understanding of the terms of their gestation agreement and can safeguard them from being pressured into unfavorable conditions. This also enables the surrogate to negotiate terms that reflect their needs and protect their well-being throughout the surrogacy process.
Protecting the Rights of Intended Parents
Intended parents also face a complicated legal relationship, even when they are providing all genetic material, such as establishing parental rights. An attorney can help intended parents safeguard their rights by drafting specific clauses that address possible future challenges and disputes.
Surrogacy contracts can be complex, and several common issues and disputes may arise during the process. Parents (and surrogates) may wish to consider these issues and discuss how to mitigate them when planning their gestation agreement with their attorney.
Some critical areas of concern include:
- Compensation disagreements
- Medical decision-making issues
- Parental rights pre- and post-birth
- Expectations of contact during the pregnancy and post-birth
- Termination clauses
- Confidentiality issues
- Emotional and psychological support considerations
The Role of Legal Counsel
Your attorney can play a significant, invaluable role in drafting a comprehensive surrogacy agreement that addresses the needs and concerns of the intended parents and surrogate. Your attorney is there to help facilitate clear communication and negotiation while keeping your best interests front and center.
Additionally, if you are struggling with a dispute or have questions, your attorney can provide informed guidance in the future as well. Surrogates and intended parents should communicate openly and honestly with their attorneys about their concerns. Your lawyer can help you understand your options in the context of your specific issue. This type of insight can be beneficial when making important, life-altering decisions.
The attorneys at Ford & Friedman are up to date on all aspects of Nevada's surrogacy laws. Drawing on their experience, they offer their clients personalized counsel. Contact us today for guidance on protecting your rights and interests throughout your surrogacy journey. With experienced legal counsel, you can embark on this life-changing process with greater confidence and peace of mind.