Surrogacy in Nevada

Most U.S. states that practice surrogacy do so under judicial precedent, statutory silence, or fragmented family code provisions that require attorney interpretation. Nevada is different. In 2013, the Nevada Legislature passed Assembly Bill 107, codifying a comprehensive gestational surrogacy framework at NRS 126.500–126.810. Nevada is among a select group of U.S. states with an explicit, comprehensive surrogacy statute — and after more than a decade of operational practice, it has become one of the most reliable matching states for intended parents who value legal certainty.

Geographic proximity to Southern California.

Las Vegas is roughly four hours by car from Los Angeles via I-15. For Southern California-based intended parents, that means driving to Nevada to pick up the baby and returning home, rather than putting a newborn on a flight.

Explicit statutory framework, not judicial interpretation.

Intended parents working in Nevada operate with the law itself, not a judicial gloss on older statutes. The Nevada statute spells out who qualifies as an intended parent (NRS 126.590, which is silent on marital status, sexual orientation, gender identity, and genetic relationship), what makes a gestational agreement enforceable (NRS 126.750), how courts handle parentage actions (NRS 126.720), the jurisdictional anchors that bring a case into Nevada courts (NRS 126.710), and how surrogacy proceedings are kept confidential (NRS 126.730, which mandates sealed records). The framework is internally complete.

San Francisco Chinese Consulate jurisdiction.

For Chinese intended parents, babies born in Nevada fall under the jurisdiction of the Chinese Consulate General in San Francisco — distinct from Arizona, which falls under the Los Angeles Consulate. The San Francisco consulate's jurisdiction also covers Northern California, Oregon, Washington, and Alaska. Travel Document (旅行证) applications can be submitted through the China Consular App (中国领事APP) without an in-person consulate visit, which allows the process to be handled remotely once the U.S. birth certificate and U.S. passport are issued.

Compensation calibrated to Nevada's economy.

Nevada's surrogate base compensation reflects local economic reality, and the structure has remained stable. For intended parents, this means predictable cost — $48,000 base compensation for first-time surrogates, comparable to Arizona. For the surrogate, it means a financial structure that translates into meaningful outcomes for her family.

Nevada's surrogacy framework lives in NRS Chapter 126, in the gestational agreement provisions enacted by the Nevada Legislature in 2013 through Assembly Bill 107.

Gestational Surrogacy Under NRS 126

Nevada law explicitly permits gestational surrogacy — arrangements in which the surrogate carries an embryo created from gametes that are not her own. Traditional surrogacy, where the surrogate also provides the egg, is not statutorily protected in Nevada and is not practiced by reputable agencies. Ivy Surrogacy only facilitates gestational arrangements.

Under NRS 126.710 and NRS 126.750, a properly executed gestational agreement is legally enforceable. NRS 126.720 establishes that the intended parents named in a compliant agreement are the legal parents of the resulting child. NRS 126.720(4) allows either party to petition any Nevada district court "before or after the birth of the resulting child" for an order designating the contents of the birth certificate — most Ivy intended parents file pre-birth. NRS 126.730 places all proceedings, files, and records pertaining to a gestational carrier arrangement under statutory confidentiality.

Requirements for an Enforceable Gestational Agreement (NRS 126.750)

A Nevada gestational agreement is enforceable only when all of the following are satisfied:

• It is in writing
• It is signed and notarized by all parties, with attached declarations from the independent attorney representing each side
• It is executed before any medical procedures begin (other than the surrogate's eligibility evaluation)
• The surrogate and the intended parent(s) are each represented by separate, independent legal counsel
• It contains express written agreements covering custody surrender, choice of physician, financial responsibility, and the intended parents' agreement to accept the child regardless of number, gender, or condition

The "executed before any medical procedure" requirement is strict. An agreement signed after embryo transfer is statutorily unenforceable, regardless of how clean the rest of the documentation may look. This is the single procedural trap most often missed in DIY arrangements.

Pre-Birth Order Procedure and Jurisdictional Anchors

Under NRS 126.710, a Nevada district court has jurisdiction over the parentage proceeding when any one of the following is true: the intended parent(s) reside in Nevada; the gestational carrier resides in Nevada; the gestational agreement was executed in Nevada; or the medical procedures resulting in pregnancy were performed in Nevada. For Ivy's Nevada journeys, the operative anchor is the surrogate's Nevada residence — which means the Nevada filing is available even when intended parents live abroad and the IVF cycle was performed in another state.

The pre-birth order itself is filed by the intended parents' attorney during the second trimester. The court reviews compliance with NRS 126.740 and 126.750, then issues an order directing the Nevada Office of Vital Records to record the intended parents on the original birth certificate. For uncomplicated Clark County filings, the order is typically signed within four to eight weeks of petition. Because NRS 126.720(4) keeps post-birth filing available under the same statutory mechanism, a missed pre-birth filing window does not collapse the case.

Nevada is one of the most inclusive surrogacy jurisdictions in the United States, both legally and practically.

Who Qualifies

NRS 126.590 defines "intended parent" without reference to marital status, sexual orientation, gender identity, or genetic relationship to the child. The following all qualify under identical statutory terms:

• Married heterosexual couples
• Married and unmarried same-sex couples
• Single intended parents, including single fathers using donor eggs
• Intended parents using donor eggs, donor sperm, or both donor gametes
• International intended parents, including Chinese families. The jurisdictional anchor under NRS 126.710 is the surrogate's Nevada residence, not where the intended parents live. Families in Beijing, Shanghai, Taipei, Singapore, Tokyo, or Berlin can use Nevada's statutory framework on equal terms with families in Reno.

How the Process Looks From the Intended Parent's Perspective

For most Ivy clients, a Nevada journey unfolds like this. After an initial consultation, Ivy presents profiles of Nevada surrogates. The surrogate's medical records are reviewed by the intended parents' IVF physician (a Medical Records Review), and the intended parents themselves video-interview the surrogate. When both the physician and the intended parents are comfortable, the match is confirmed and the intended parents sign with Ivy.

The surrogate then travels to the intended parents' chosen IVF clinic for medical clearance and embryo transfer. Medical clearance fees are paid by the intended parents directly to the IVF clinic. Psychological clearance is typically conducted remotely and coordinated through Ivy. Once both clearances are complete, the gestational agreement is signed — before the embryo transfer, as NRS 126.750(3) requires.

Pregnancy is confirmed by heartbeat ultrasound at approximately 6 to 7 weeks. The surrogate returns to Nevada for the remainder of the pregnancy and continues prenatal care with her local OB practice. During the second trimester, the intended parents' attorney files the pre-birth order petition in Nevada district court. When labor begins, the surrogate delivers at her local Nevada hospital, and the Nevada Office of Vital Records issues the birth certificate naming the intended parents from the moment of issuance — no amendment, no second-parent adoption, no surrogate name to remove.

For Southern California-based intended parents, the day of discharge typically involves driving to Las Vegas to pick up the baby and returning home. For Chinese intended parents, the next step is the Travel Document application through the China Consular App.

Three Documents for International Intended Parents

International intended parents bringing the newborn home typically need three separate documents, each issued through its own channel:

• U.S. Birth Certificate — issued by the Nevada Office of Vital Records (or the Clark County local records office for Las Vegas–area births)
• U.S. Passport — issued by the U.S. State Department, applied for through a local acceptance facility (USPS post office or court)
• Chinese Travel Document (旅行证) — issued by the Chinese Consulate General in San Francisco, applied for online through the China Consular App. Intended parents typically do not need to travel to San Francisco in person.

Consular procedures change periodically; confirm current requirements through the China Consular App or the Consulate General before applying.

A typical Nevada surrogacy journey through Ivy is estimated at approximately $148,000, as handled through Ivy's agency accounting. This figure does not include IVF clinic costs, embryo creation, newborn medical expenses, or case-specific complications. It covers the agency, surrogate compensation, legal work, escrow management, insurance review, and travel coordination.

Major cost components:

• Surrogate base compensation — $48,000 for first-time Nevada surrogates.
• Surrogate benefits package — $10,000, separate from base.
• Agency fee — covers matching, case management, screening coordination, and journey support.
• Legal fees — independent counsel for the intended parents and independent counsel for the surrogate (both required by NRS 126.750(2)), plus pre-birth order preparation and filing.
• Surrogate psychological screening — coordinated through Ivy and conducted by a licensed professional.
• Escrow management — independent third-party trust account for milestone payments.
• Insurance review and supplemental coverage — to confirm the surrogate's existing health plan covers a surrogate pregnancy, or to arrange supplemental coverage if not, plus life insurance during pregnancy and intended parent liability coverage.
• Travel — surrogate travel to the IVF clinic for medical clearance and embryo transfer.

Not included in the $148,000 figure: IVF cycle costs (paid directly to the chosen fertility clinic), embryo transfer fees, surrogate medical clearance fees (paid directly to the IVF clinic), and newborn hospital costs. Additional costs may apply for donor eggs or donor sperm, additional FET cycles after a failed transfer, multiple-birth pregnancies, C-section delivery, or NICU stays.

Ivy's screening-first fee model. Ivy does not collect the full agency fee up front. The initial deposit covers only the actual cost of the surrogate's psychological screening — medical clearance fees go directly to the clinic, not through Ivy. The full agency fee is collected only after the surrogate passes screening, protecting intended parents from paying for a match that does not clear the medical bar. For a fuller explanation of how this works, see Ivy's Agency Fees After Screening.

How Nevada compares. Nevada's cost sits below California's and is comparable to Arizona's. The $48,000 base compensation is calibrated to Nevada's cost of living, which is one reason the structure has remained stable.

The Ivy journey through Nevada follows a defined seven-step structure. Most clients complete the full process — from match to birth — in roughly 14 to 18 months, depending on embryo readiness, medical clearance timing, and pregnancy.

Step 1: Matching. Ivy presents profiles of Nevada surrogates. The surrogate's medical records are reviewed by the intended parents' IVF physician; the intended parents themselves video-interview the surrogate. When both the physician and the intended parents are comfortable, the match is confirmed and the intended parents sign with Ivy.

Step 2: Medical clearance and embryo transfer. The surrogate travels to the intended parents' chosen IVF clinic for her medical workup and embryo transfer. Travel costs are covered by the intended parents. Psychological clearance is typically conducted remotely in parallel. Most surrogates make two to three trips during this phase.

Step 3: Gestational agreement signing. Both sides engage independent reproductive attorneys. The gestational agreement is drafted, reviewed, signed, and notarized — before the embryo transfer, as NRS 126.750(3) requires. NRS 126.740 requires that the surrogate receive independent legal consultation before signing.

Step 4: Prenatal care in Nevada. Once pregnancy is confirmed by heartbeat ultrasound at approximately 6 to 7 weeks, the IVF clinic releases the surrogate to her local Nevada OB practice. Ivy maintains case management and coordination throughout the pregnancy.

Step 5: Pre-birth order filing. During the second trimester, the intended parents' attorney files the pre-birth order petition in Nevada district court — most commonly the Clark County 8th Judicial District for southern Nevada cases, or the Washoe County 2nd Judicial District for northern Nevada. The court reviews compliance with NRS 126.740 and 126.750 and issues an order directing the Nevada Office of Vital Records to record the intended parents on the original birth certificate.

Step 6: Delivery in Nevada; birth certificate issued. The surrogate delivers at her local Nevada hospital. Because the pre-birth order is already in effect, the Nevada Office of Vital Records issues the birth certificate naming the intended parents from the moment of issuance.

Step 7: Take-home and Travel Document (where applicable). Southern California intended parents typically drive from Las Vegas back to Los Angeles. Chinese intended parents apply for the U.S. passport through a local acceptance facility and the Chinese Travel Document (旅行证) through the China Consular App, then proceed with exit logistics for international travel.

Nevada surrogates work under one of the strongest statutory protection frameworks in the United States.

Why Nevada surrogates are protected. The most fundamental protection is legal clarity: Nevada law explicitly permits and protects the arrangement, so there is no risk of a Nevada court refusing to enforce a properly executed agreement. NRS 126.740 and 126.750 require that the surrogate have her own independent attorney throughout the process — paid by the intended parents. NRS 126.800 protects the surrogate's right to reimbursement for expenses and economic losses. NRS 126.810 explicitly authorizes compensation, eliminating the legal ambiguity that exists in some other states. NRS 126.730 keeps her court file confidential. NRS 126.770 confirms the agreement remains valid even if the surrogate marries or enters a domestic partnership mid-pregnancy.

Where your intended parents will come from. Through Ivy, your intended parents are most likely to be:

• Southern California-based families working with IVF clinics in the greater Los Angeles area.
• International intended parents, including a meaningful share of Chinese-speaking families, working with California-based or international IVF clinics.
• Nevada-based and out-of-state U.S. intended parents working with clinics that align with their geographic preferences.

What the journey looks like for you. Expect two to three trips to the intended parents' chosen IVF clinic during medical clearance and embryo transfer. Travel is fully arranged and prepaid by the intended parents. After the transfer and pregnancy confirmation, you continue prenatal care with your own OB in Nevada. You deliver at your home hospital. Your contract is governed by Nevada law and is signed before the embryo transfer.

How the legal structure protects you. Your surrogacy agreement is governed by Nevada law and enforced through Nevada courts. The pre-birth order — filed during the second trimester by the intended parents' attorney — establishes parentage. Your obligations under the contract end at delivery, and the framework leaves no ambiguity about your role or your protections.

Nevada is one of the few states with statutory eligibility requirements for gestational carriers, codified at NRS 126.740. These statutory requirements are narrow and limited — the operational standards that actually govern who can become a surrogate at Ivy come from a combination of ASRM (American Society for Reproductive Medicine) guidance, Ivy's own screening standards, and the IVF clinic's medical criteria.

Statutory requirements under NRS 126.740:

• Adult woman
• Not an intended parent
• Has undergone medical evaluation regarding her ability to carry a pregnancy
• Has received independent legal consultation regarding the gestational agreement and its consequences
• Does not contribute her own gametes (egg) to the embryo she will carry — Nevada statute covers only gestational, not traditional, surrogacy

Ivy's baseline requirements for Nevada surrogates align with ASRM guidance and are consistent across our active states:

• Age 21 to 36 at the time of contract
• BMI within the range your IVF clinic will accept (typically 18 to 32, though clinics vary)
• At least one prior uncomplicated full-term pregnancy and delivery
• U.S. citizen or lawful permanent resident
• Non-smoker, non-drug-user, no recent history of substance abuse
• Passes background check

Specific medical, insurance, and eligibility details are reviewed individually during screening. If you are not sure whether you qualify, reach out to Ivy's surrogate coordinator for a direct assessment based on your situation.

A first-time Nevada surrogate working with Ivy receives a base compensation of $48,000, plus a $10,000 benefits package, for a typical total of approximately $58,000 — comparable to Arizona surrogate compensation. Experienced surrogates — those who have completed at least one prior journey — earn higher base compensation depending on experience.

How the base is structured. The $48,000 base is paid in monthly installments after pregnancy is confirmed by heartbeat ultrasound (typically between 6 and 7 weeks gestation). Payments continue through delivery, with the final installment released after the postpartum recovery period.

The benefits package ($10,000). This is separate from base compensation and covers items such as monthly allowance for incidentals, maternity clothing allowance, childcare reimbursement during appointments, transportation reimbursement, and housekeeping support during late pregnancy and postpartum recovery. Specific allocations are detailed in the contract.

Other compensable items are addressed separately and not counted in the base or benefits package: lost wages during medical appointments and bed rest, transfer payments, multiples bonuses, C-section bonuses, invasive procedure compensation, and travel reimbursement. These are documented in the contract and paid as the corresponding events occur.

Payment structure. All compensation is paid through an independent third-party escrow account — not directly by the intended parents. The relationship between the surrogate and the intended parents is contractual, not employment-based.

Nevada has established fertility clinic infrastructure in Las Vegas and Reno. The major clinics include Red Rock Fertility Center, Nevada Fertility Center, and the Fertility Center of Las Vegas in the Las Vegas area, plus Nevada Center for Reproductive Medicine in Reno.

IVF clinic choice belongs to the intended parents. Nevada-resident intended parents working with Nevada-based clinics complete journeys entirely within the state. Intended parents based in Southern California, internationally, or elsewhere typically work with their existing IVF clinic — the Nevada surrogate travels to that clinic for medical clearance and embryo transfer, then returns home to Nevada for the remainder of the pregnancy. All surrogate travel is fully arranged and prepaid by the intended parents.

Independent clinic evaluation. Intended parents evaluating clinics independently should refer to the clinic's annual CDC ART (Assisted Reproductive Technology) and SART (Society for Assisted Reproductive Technology) success rate reports. For a guide to reading these reports correctly, see Ivy's Complete Guide to CDC IVF Success Rates.

We do not recommend or rank specific clinics in this guide. Clinic selection should be made based on your medical history, embryo status, location preferences, and consultation with your reproductive endocrinologist.

Statutes and government resources:

• Nevada Revised Statutes Chapter 126 — Parentage, including the gestational agreement provisions. https://www.leg.state.nv.us/nrs/nrs-126.html

Birth certificate offices:

• Nevada Office of Vital Records (Nevada Department of Health and Human Services). 4150 Technology Way, Suite 104, Carson City, NV 89706. Phone: (775) 684-4242. https://www.dpbh.nv.gov/programs/birth-death-marriage-divorce-records/
• Southern Nevada Health District — Office of Vital Records (for Las Vegas–area births). 280 S Decatur Blvd, Las Vegas, NV 89107. Phone: (702) 759-1010.

Parentage filings:

• Clark County 8th Judicial District Court — for southern Nevada cases
• Washoe County 2nd Judicial District Court — for northern Nevada cases

U.S. passport application. Las Vegas does not have a dedicated U.S. Passport Agency. Newborn passports are typically filed at a local acceptance facility (USPS post office or court), then processed centrally by the U.S. State Department's National Passport Center. For expedited processing, intended parents can schedule an appointment at the nearest U.S. Passport Agency in Los Angeles or San Francisco.

Chinese consular resources for international intended parents:

• Consulate General of the People's Republic of China in San Francisco — 1450 Laguna Street, San Francisco, CA 94115 (visa entrance on Geary Blvd). Phone: (415) 674-2900. Consular district: Northern California, Nevada, Oregon, Washington, Alaska.
• China Consular App (中国领事APP) — for remote Travel Document (旅行证) applications. Consular procedures change periodically; confirm current requirements via the App or the Consulate before applying.

Hospital and birthing resources. Nevada's largest birthing hospitals are concentrated in the Las Vegas metropolitan area and Reno. Surrogate hospital selection is made in coordination with the surrogate's OB during pregnancy.