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Surrogacy Laws in Nevada

Nevada allows married couples to enter into surrogacy contracts, but there are serious doubts about whether LGBT individuals and couples can do the same, based on the Domestic Partnership Act.


There is a statute in Nevada which limits the adopting people in a surrogacy contract to people who have a valid marriage under the Nevada state law. The statute looks at intended parents as a woman and a man who are married to one another. This clear language suggests that it is not likely an LGBT couple of individual would be allowed to have a surrogacy agreement that was enforceable.

However, the Domestic Partnership Act in Nevada states that domestic partners have the same rights of spouses in every way. The Act also says that the obligations and rights of domestic partners concerning a child are the same as they would be for spouses. It is yet to be seen how this clear conflict in the law will get concluded.



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