NRS 126.720
Intended parent considered parent of child

  • exception
  • assumption of rights and obligations by parties of gestational carrier
  • court order validating gestational agreement.

1.

If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750:

(a)

The intended parent or parents shall be considered the parent or parents of the resulting child immediately upon the birth of the child;

(b)

The resulting child shall be considered the child of the intended parent or parents immediately upon the birth of the child;

(c)

Parental rights vest in the intended parent or parents immediately upon the birth of the resulting child;

(d)

Sole legal and physical custody of the resulting child vest with the intended parent or parents immediately upon the birth of the child; and

(e)

Neither the gestational carrier nor her legal spouse or domestic partner, if any, shall be considered the parent of the resulting child.

2.

If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750 and if, because of a laboratory error, the resulting child is not genetically related to the intended parent or either of the intended parents or any donor who donated to the intended parent or parents, the intended parent or parents shall be considered the parent or parents of the child, unless a determination to the contrary is made by a court of competent jurisdiction in an action which may only be brought by one or more genetic parents of the resulting child within 60 days after the birth of the child.

3.

The parties to a gestational carrier arrangement shall assume the rights and obligations of subsections 1 and 2 if:

(a)

The gestational carrier satisfies the eligibility requirements set forth in subsection 1 of NRS 126.740;

(b)

The intended parent or parents satisfy the requirement set forth in subsection 2 of NRS 126.740; and

(c)

The gestational carrier arrangement occurs pursuant to a gestational agreement which meets the requirements set forth in NRS 126.750.

4.

Before or after the birth of the resulting child, the intended parent or parents or the prospective gestational carrier or gestational carrier may commence a proceeding in any district court in this State to obtain an order designating the content of the birth certificate issued as provided in NRS 440.270 to 440.340, inclusive. If:

(a)

A copy of the gestational agreement is attached to the petition;

(b)

The requirements of NRS 126.740 and 126.750 are satisfied; and

(c)

Any of the following applies:

(1)

The resulting child is anticipated to be born in this State;

(2)

The resulting child was born in this State;

(3)

The intended parent or parents reside in this State;

(4)

The intended parent or parents resided in this State when the gestational agreement was executed;

(5)

The gestational carrier resides in this State;

(6)

The gestational agreement was executed in this State; or

(7)

The medical procedures for assisted reproduction that were performed pursuant to the gestational agreement and resulted in pregnancy were performed in this State,
Ê the court may issue an order validating the gestational agreement and declaring the intended parent or parents to be the parent or parents of the resulting child.

Source: Section 126.720 — Intended parent considered parent of child; exception; assumption of rights and obligations by parties of gestational carrier; court order validating gestational agreement., https://www.­leg.­state.­nv.­us/NRS/NRS-126.­html#NRS126Sec720.

126.500
Definitions.
126.510
“Assisted reproduction” defined.
126.520
“Domestic partner” defined.
126.530
“Domestic partnership” defined.
126.540
“Donor” defined.
126.550
“Embryo” defined.
126.560
“Gamete” defined.
126.570
“Gestational agreement” defined.
126.580
“Gestational carrier” defined.
126.590
“Intended parent” defined.
126.600
“In vitro fertilization” defined.
126.610
“Parent” defined.
126.620
“Record” defined.
126.630
“Sign” defined.
126.640
Scope of relationship.
126.650
Inapplicability to birth of child conceived by means other than assisted reproduction.
126.660
Donor not parent of child conceived by means of assisted reproduction.
126.670
Person who provides gametes for, or consents to, assisted reproduction with intent to be parent of child is parent of resulting child.
126.680
Finding of parentage by consent
126.690
Proceedings to adjudicate parentage: Requirements.
126.700
Former spouse or former domestic partner not parent if marriage or partnership dissolved or terminated before transfer of eggs, sperm or embryos unless consented to in record
126.710
Gestational agreement: Conditions.
126.720
Intended parent considered parent of child
126.730
Confidentiality of proceedings, files and records pertaining to gestational carrier arrangement.
126.740
Gestational carrier: Eligibility
126.750
Gestational agreement: Requirements.
126.760
Parent of child obligated to support child.
126.770
Marriage or domestic partnership of gestational carrier after executing gestational agreement does not affect validity of agreement.
126.780
Gestational agreement: Noncompliance
126.790
Remedies of intended parents and gestational carrier.
126.800
Reimbursement of gestational carrier for expenses and economic losses.
126.810
Compensation of donor or prospective gestational carrier: Requirements.
Last Updated

Feb. 5, 2021

§ 126.720’s source at nv​.us