What Is in a Surrogacy Contract?

Key Insights from Our Nevada Surrogacy Attorney

With the many breakthroughs in Assisted Reproductive Technologies (ART) and In Vitro Fertilization (IVF), Nevada residents have better opportunities now more than ever to expand their families by utilizing gestational carriers or to help others by becoming a gestational carrier. Surrogacy law in Nevada permits both unmarried and married couples, single “intended parents” and same-sex couples to enter into a contract with a surrogate. It is crucial that these contracts provide solutions for all foreseeable issues as well as effective legal support in the court of law.

The purpose of surrogacy contracts is to protect the rights and responsibilities of intended parents and the gestational surrogates. A surrogacy contract is also known as a gestational agreement. In Nevada, each party to the surrogacy agreement must have his or her own legal representation. This is to ensure that there is no conflict of interest and that issues such as custody and parental rights are determined at the onset. Nevada surrogacy lawyer Eric A. Stovall has been helping families and surrogates since 1995 with their agreements and he can help you, too.

Essential Elements of a Surrogacy Contract

Most surrogacy contracts will include several clauses, such as the following:

• The involved parties and their relationships
• The surrogate agreeing that she is able to carry children to term
• How the gestational surrogacy process will commence
• If and how much compensation the surrogate will receive
• Potential parental rights issues
• What will occur if the surrogate miscarries the child or cannot get pregnant
• Types of medical and physical examinations the surrogate must complete
• Testing for genetic or congenital abnormalities when the child is conceived
• Requiring the surrogate to maintain a healthy lifestyle and follow physician orders
• Other legal protections specific to your unique surrogacy agreement

We recommend that you discuss the surrogacy issues you have with an experienced Nevada surrogacy lawyer. Nevada law requires that surrogacy contracts must be in writing and executed before beginning any medical procedures. Downloading a free, premade surrogacy contract template off the internet is a disastrous mistake. In addition to possibly having illegal clauses, who would protect you if a problem arose? The website owner? Doubtful. Plus, each agreement is always different to reflect your particular situation.

Contact Our Law Firm for Assistance

Since 1995, Nevada surrogacy lawyer Eric A. Stovall has helped individuals and families located in Las Vegas, Reno and throughout the Silver State. Whether you want to be a surrogate or if you are considering using a surrogate, talk to our surrogacy law firm. We can help you think through the hard “what ifs” and make sure that you are comfortable moving forward. We look forward to helping you and your family take the next step.