Assisted Reproductive Technology (ART) Laws in Nevada

Definition of Assisted Reproductive Technology

Assisted reproductive technology (ART) refers to a collection of advanced medical interventions designed to help individuals and couples overcome fertility challenges and achieve pregnancy. Developed through decades of medical research and technological innovation, ART offers hope to those experiencing difficulties conceiving through traditional means, including individuals with reproductive health issues, same-sex couples, and those with genetic or medical conditions that impact fertility.

While these technologies involve complex medical processes, they are grounded in a compassionate approach to helping individuals and families realize their dreams of parenthood. Those utilizing ART or helping others through ART should be aware of the laws governing donations, surrogacy, adoption, and other ART matters. In this blog, we dive into what ART is more in-depth and explain important legal aspects associated with ART and parentage.

Examples of Assisted Reproductive Technology

ART methods include the following:

• Surrogacy: Surrogacy is a reproductive arrangement where a woman carries and gives birth to a child for another individual or couple who cannot conceive or carry a pregnancy themselves. This method involves either traditional surrogacy (using the surrogate's own egg) or gestational surrogacy (where the surrogate carries an embryo created from the intended parents' or donors' genetic material). It is important to note that traditional surrogacy is not allowed in Nevada.
• Egg or sperm donation: Egg and sperm donation involves individuals generously providing their reproductive cells to help others create a family. Donors undergo comprehensive medical and psychological screening to ensure the health and quality of the donated genetic material. This method is particularly beneficial for individuals with fertility issues, genetic concerns, or those who cannot produce viable eggs or sperm. Recipients can choose from carefully vetted donors and may select characteristics that align with their preferences.
• Embryo donation: Embryo donation is a unique process where individuals or couples donate their unused embryos created during previous in vitro fertilization treatments. These embryos, which would otherwise remain frozen or be discarded, are transferred to another individual or couple who then can utilize them to create their family.
• In vitro fertilization and embryo transfer: In vitro fertilization (IVF) is a complex assisted reproductive technology where eggs are retrieved from the ovaries and fertilized with sperm in a laboratory setting. The resulting embryos are carefully monitored and developed over several days before one or more are selected for transfer into the uterus. This method is particularly effective for individuals with blocked fallopian tubes, male factor infertility, unexplained infertility, or those who have not succeeded with other fertility treatments.
• Frozen embryo transfer: Frozen embryo transfer (FET) is a refined technique where previously created and cryopreserved embryos are thawed and transferred into the uterus. This method allows for more flexible family planning, as embryos can be stored for future use. FET offers several advantages, including the ability to space out pregnancies, perform genetic testing before transfer, and provide additional opportunities for successful conception without repeating the entire IVF process.

Gestational Carrier Agreements | Requirements for Surrogacy in Nevada

A gestational carrier agreement is a comprehensive legal contract between intended parents and a gestational carrier (surrogate) that explicitly outlines the terms, expectations, and responsibilities of all parties involved in the surrogacy process. The agreement serves to protect the legal and personal interests of both the intended parents and the gestational carrier, providing a clear framework that establishes consent, defines obligations, and mitigates potential future disputes.

As outlined in Nevada Revised Statute Chapter 1263, a surrogacy agreement can be entered into between a surrogate and one or more persons intending to become parents through surrogacy. Termed the “intended parent” in Nevada, this individual can be of either sex, single, married or in a relationship. Legally, these agreements can include the rights of the involved parties as it relates to:

• The child’s parentage
• The liabilities and responsibilities of all involved parties, including financial payments that may be made to the surrogate
• The specific expectations for the surrogacy pregnancy
• It is important to note that in Nevada, the law treats intended parents as natural parents in all legal circumstances.
• The Surrogate and the Intended Parent must be represented by separate legal counsel.

Surrogacy & Parentage Orders

In Nevada, a parentage order establishes parentage in cases involving surrogacy. These orders can be obtained pre-birth or post-birth and establish the intended parent as the legal parents of the child. The pre-birth process involves filing a court action to request the court recognize and declare the intended parent as the only parent to the child with legal rights immediately upon the child’s birth. This parentage judgment allows hospitals to release the child directly to the intended parent after discharge.

If parents file a post-birth order, the legal process is the same but just occurs after the child is born. Post-birth orders are typically utilized in cases where international laws or immigration concerns are involved; you should speak with an attorney to determine whether you should file pre-birth or post-birth.

ART & Second-Parent Adoption in Nevada

Second-parent adoption is a critical legal process that can serve as a means of protection for parents of children born through ART. This legal process allows a same-sex partner or co-parent to legally adopt a child without terminating the first parent's parental rights. This legal procedure is particularly important for LGBTQ+ couples who have children through assisted reproductive technology, as it can help ensure that both partners have full legal parental status and protections.

This process is especially vital for protecting the child's legal relationship with both parents, ensuring inheritance rights and medical decision-making abilities, and providing legal security in case of relationship dissolution or unexpected circumstances. In Nevada, the second-parent adoption process is similar to the step-parent adoption process; those filing for adoption must live in Nevada prior to initiating an adoption. As adoption is a legal process filled with the possibility of pitfalls, you should consult an attorney before starting the process.

How an Attorney Helps with ART Law Cases

Having an experienced attorney is important when navigating ART law and related agreements. Attorneys benefit their clients by offering professional, proven experience with the following:

• Consulting prior to beginning an ART journey
• Helping clients locate experienced professionals to partner with for a safe and smooth surrogacy experience
• Drafting legally binding documents that protect the rights and interests of the client and other parties
• Understanding the laws governing these cases and how to apply them to your specific situation
• Helping clients understand the current and long-term implications of the terms they are agreeing to with respect to their wishes
• Ensuring there is precise and accurate documentation surrounding the ownership, storage, future use, and disposition of embryos and other genetic materials (eggs and sperm)
• Outlining the responsibilities of clients and other parties as it relates to medical and financial obligations
• Protecting clients’ privacy through the inclusion of confidentiality clauses in agreements
• Assisting clients with dispute resolutions

Let Us Help with Your Assisted Reproductive Legal Case

Naimi Mullins Law Group represents a range of clients in these matters, including:

• LGBTQ+ families
• Intended parents (single parties and married or committed partners)
• Surrogates/gestational carriers
• Donors

A partner at our firm, Attorney Katherine L. Provost, is one of only seven legal professionals in Nevada who regularly practices in this form of law. She is a Board-Certified Specialist in Family Law and an esteemed ART Fellow of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA).

Should you be involved in an ART matter, you can trust Attorney Provost to help with the following types of cases:

• Surrogacy agreements
• Donor contracts
• Embryo donation contracts
• Parentage and custody establishment
• Other legal matters involving ART

Let us help you protect your family’s future and navigate the legal process associated with assisted reproduction matters. Our team is here and equipped to help.

Learn more about how our firm can help with your ART case by calling (725) 444-7185.