Surrogacy Legal Rights for Intended Parents and Surrogates
When you are embarking on the journey of surrogacy in Nevada, understanding surrogacy legal rights is crucial for securing your status as a parent. Whether you are opting for gestational or traditional surrogacy, establishing intended parental rights requires careful legal steps, both before and after the birth. These steps include creating a contract and securing a pre-birth order to ensure that you, rather than the surrogate, are legally recognized as the child’s parent. Early action will help protect your legal rights and avoid complications.
Understanding Nevada’s Surrogacy Legal Rights
The Role of the Surrogacy Contract
The surrogacy contract is a central document that establishes legal rights for all parties in surrogacy. It covers every aspect of the arrangement, from compensation and medical expenses to parental rights and obligations. This contract is vital for addressing any concerns about surrogate mother rights and ensuring that the surrogate has no legal claim to the child after birth.
Both the intended parents and the surrogate mother should have separate legal representation to ensure that the contract is fair and enforceable. Legal counsel helps prevent any misunderstandings or disputes later in the process. With clear terms in place, the intended parents can focus on the emotional and logistical preparations for their new family member. At the same time, the surrogate can proceed with confidence, knowing her role is clearly defined.
It is important to remember that while surrogates in Nevada are generously compensated and play a vital role in the surrogacy process, their rights to the child are legally terminated once the child is born. By signing the contract and agreeing to the terms, both parties enter an agreement prioritizing the child’s well-being and the intended parents’ rights.
Requirements of a Surrogacy Contract
Given their import, surrogacy contracts are subject to strict rules. For example, a surrogacy contract is only valid if each of the following requirements is met:
- The gestational carrier and the intended parents are each represented by independent legal counsel;
- The agreement is in writing;
- The agreement is executed before any medical procedures are carried out in anticipation of the agreement being valid;
- The agreement is notarized; and
- The agreement includes a term indicating each party’s understanding of their legal, financial, and contractual rights, expectations, penalties, and obligations.
A surrogacy contract can, but does not need to, contain clauses further limiting the parties’ rights. For example, it is legal to include a term that the gestational carrier will not engage in conduct that could be dangerous to the unborn child, such as smoking, drinking alcohol, or consuming unprescribed drugs.
Securing a Pre-Birth Order
A pre-birth order is a legal document that establishes the intended parents as the legal parents of a child before the child is born. Pre-birth orders form the basis of most surrogacy arrangements, as they are binding court orders that establish who a child’s legal parents will be. A pre-birth order helps others recognize the rights of intended parents, such as allowing a hospital to release a newborn baby to the intended parents and ordering the Department of Health and Human Services Nevada Division of Public and Behavioral Health (DPBH) to list the intended parents on a child’s birth certificate.
By securing a pre-birth order, intended parents in Las Vegas eliminate confusion and the risk of potential disputes over parental rights after the birth of a child. Moreover, when a pre-birth order is in place, it will result in the intended parents’ parental rights immediately vesting upon the birth of the child.
Does a Surrogate Mother Have Rights To the Child?
The surrogate retains rights related to her well-being and medical care during the pregnancy. But does a surrogate mother have rights to the child? The surrogate mother’s involvement in the child’s life typically ends at birth unless otherwise agreed upon in the surrogacy contract. The potential for a surrogate to claim parental rights varies depending on the type of surrogacy used.
Gestational Surrogacy
In gestational surrogacy, the surrogate is not genetically related to the child. Thus, she has no legal claim to the baby after birth, provided that a valid surrogacy agreement is in place. Obtaining a pre-birth order can help solidify the intended parents’ rights and ensure that they are listed on the child’s birth certificate from day one.
Traditional Surrogacy
In traditional surrogacy, where the surrogate uses her own egg, the legal process is more complicated. While surrogacy contracts are still valid, the surrogate’s genetic link to the child could lead to potential claims of custody. In these cases, intended parents may need to take additional legal steps, such as adoption, to secure their parental rights. This is why working with an experienced surrogacy attorney is essential, particularly in traditional surrogacy arrangements.
Emotional Dynamics in Surrogacy
Beyond the legalities, surrogacy involves the emotional dynamics between intended parents and surrogates. For many, surrogacy is not just a legal process but an emotional journey as well. Building a respectful relationship with the surrogate while maintaining clear boundaries, particularly regarding parental rights, is important.
A well-crafted surrogacy contract can help define the emotional and logistical expectations for all parties. For example, while some surrogates and parents prefer ongoing contact after the birth, others may not. By addressing these expectations upfront, intended parents and surrogates can move forward with a mutual understanding of their roles, ensuring the process remains smooth and positive.
Do You Have Questions About Your Legal Rights?
If you are considering surrogacy, either as a prospective parent or as a surrogate, it is imperative that you fully understand your rights and responsibilities. At the same time, this is a highly complex area of the law, so it’s best to obtain assistance from an experienced Las Vegas family law attorney. At Mills & Anderson, we have extensive experience assisting surrogate parents and advocating on their behalf. We are immediately available to meet with you to discuss your situation and what we can do to help. To learn more and to schedule a no-obligation consultation today, give Mills & Anderson a call or connect with us through our secure online contact form.
