Yes, Nevada explicitly permits gestational surrogacy under NRS 126.045–126.545, recognizing it as a lawful method of assisted reproduction. The state’s courts routinely enforce pre-birth orders, granting intended parents immediate legal parentage without post-birth adoption. Recent 2026 amendments to NRS 126.545 expanded insurance coverage requirements for surrogates, mandating policies that include pregnancy-related complications, aligning with Nevada’s broader healthcare parity laws.
Key Regulations for Surrogacy in Nevada
- Pre-birth parentage orders: Nevada courts issue enforceable orders before birth, streamlining legal parentage for intended parents under NRS 126.545(1).
- Surrogate compensation caps: Agreements must comply with NRS 126.545(3), capping total compensation (excluding medical/life expenses) at 150% of Nevada’s median household income, adjusted annually.
- Mandatory independent legal counsel: Both parties must retain separate attorneys licensed in Nevada, per NRS 126.545(2), to validate consent and financial terms.
Nevada’s Family Court (Clark County) oversees disputes, prioritizing the enforceability of contracts. The Nevada State Board of Health enforces health department regulations on embryo transfers, requiring licensed fertility clinics to report outcomes to the Nevada Vital Records System. Intended parents domiciled outside Nevada must file a “Notice of Foreign Judgment” under NRS 17.310 to enforce pre-birth orders in their home state. Violations of compensation caps or unlicensed agency involvement trigger civil penalties under NRS 126.550.