NRS 126.780
Gestational agreement: Noncompliance

  • authority of court to determine rights and obligations of parties to agreement.

1.

A gestational carrier, her legal spouse or domestic partner, if any, or the intended parent or parents are in noncompliance when he, she or they breach any provision of the gestational agreement or fail to meet any of the requirements of NRS 126.710 to 126.810, inclusive.

2.

In the event of noncompliance, a court of competent jurisdiction shall determine the respective rights and obligations of the parties to the gestational agreement based solely on the evidence of the original intent of the parties.

3.

There must be no specific performance remedy available for breach of the gestational agreement by the gestational carrier that would require the gestational carrier to be impregnated.

Source: Section 126.780 — Gestational agreement: Noncompliance; authority of court to determine rights and obligations of parties to agreement., https://www.­leg.­state.­nv.­us/NRS/NRS-126.­html#NRS126Sec780.

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

§ 126.780’s source at nv​.us