Surrogacy for LGBTQ+ Couples

Reviewing Unique Issues like a Second Parent Adoption

Nevada surrogacy laws provide that individuals and couples of all types, whether married, unmarried or domestic partners, have the ability to utilize gestational carriers for surrogacy. When LGBTQ+ partners enter into a gestational contract (also known as surrogacy contracts) with a surrogate, Nevada law protects the partners as the “intended parents” of the child. By using Assisted Reproductive Technology (ART) and obtaining the proper court documents, both members of an LGBTQ+ couple can share the same parental rights.

Nevada surrogacy attorney Eric A. Stovall has extensive experience working with LGBTQ+ couples seeking to conceive a child through surrogacy or to adopt a child. He has been helping his clients since 1995. Thus, he understands some of the unique aspects of a LGBTQ+ surrogacy arrangement.

How Does Surrogacy Work for Same-Sex Couples?

The advancement of Assisted Reproductive Technology has made it easier for LGBTQ+ couples to become parents. Nevada surrogacy law, which is among the most progressive in the country, allows same-sex couples to select a surrogate to carry a child for them. This child may be genetically related to either parent, or the result of egg and sperm donation. However, Nevada law does prohibit “traditional surrogacy,” in which the surrogate is also the egg donor but is not an intended parent.

Both LGBTQ+ and same-sex couples have the same rights in Nevada to use gestational surrogates. However, it is important to legally establish the intended parents from the very beginning. As with all surrogacies, this generally means that you must obtain a gestational carrier contract as well as a pre-birth order.

A gestational carrier contract is an agreement between you and your partner, and your surrogate. It establishes the legal rights of all parties, including a plan for parental rights. Since there can be no genetic relationship between child and surrogate, she generally cannot assert parental rights after the birth. Surrogacy contracts can also cover many other matters that may arise. These may include what types of compensation are due to the surrogate, issues of insurance and responsibility for medical bills as well as any other foreseeable matters.

A pre-birth order is a court order that legally establishes the parentage of the child. This means both LGBTQ+ parents’ names will typically be on the birth certificate and they will share all parental rights. Without a pre-birth order, the intended parents may have to adopt their child through a separate, often lengthy, process. If one parent is genetically related to the child, then second parent adoption may be necessary for the other partner to share parental rights.

What Is Second Parent Adoption & When Is It Necessary?

Surrogacy offers a unique advantage for LGBTQ+ couples in that one partner may have a biological connection with the child. However, the parent without the biological connection can have a distinct disadvantage concerning legal rights to the child. If, for any reason, the child’s birth certificate does not name both members of an LGBTQ+ couple as parents, then the other may legally adopt the child.

Second-parent adoption is virtually identical to step-parent adoption. It allows a second parent who is not genetically related to the child the same rights as the biological parent, allowing each parent to receive equal legal recognition under the law. These parental rights are often extremely important, especially if the couple separates or the biological parent passes away.