Yes, you can become a gestational surrogate in Nevada, and the state has a written legal framework for it. Nevada Revised Statutes Chapter 126 sets out how gestational surrogacy agreements work. To start, you would apply to an agency or programme, pass its medical, psychological and background screening, sign a written agreement with your own attorney, and then go through an embryo transfer at a fertility clinic. From application to delivery, the process commonly takes 12 to 18 months, sometimes longer.
You may be reading this privately, before you have said anything to a partner or family. That is a sensible place to begin. This is a physical commitment of more than a year, and the details matter: whether you are likely to qualify, how you would be paid, and what Nevada law means for you.
Surrogate Compass is an independent platform for women considering surrogacy. We explain eligibility, pay and process from your side, and we connect you with agencies. We are not an agency. Agencies screen, match, contract and pay. This page covers what is specific to Nevada and links to our national guides for the rest.
Why Nevada Is a Favorable State for Surrogacy
Legal clarity is the main reason Nevada is widely regarded as surrogacy-friendly. Chapter 126 of the Nevada Revised Statutes, Nevada's version of the Uniform Parentage Act, governs gestational surrogacy agreements. You can read the statute on the Nevada Legislature website.
That matters to you directly. In states with no surrogacy statute, the rules come from scattered court decisions, and the outcome can depend on which county you live in. A few states restrict compensated gestational surrogacy. Nevada's written framework reduces that uncertainty. You can know before you sign what the agreement must contain and how parentage is settled.
Two features stand out. First, pre-birth orders are available in Nevada. A court order obtained during the pregnancy allows the intended parents to be named on the birth certificate, so no adoption is needed after the birth. Second, independent legal counsel for the surrogate is part of Nevada surrogacy practice. Your attorney is a separate person from the intended parents' attorney.
Nevada Surrogacy Law and What It Means for You
Chapter 126 sets the shape of the agreement. In plain terms:
- The agreement must be in writing. It is signed before the embryo transfer, not after.
- You have your own attorney. That attorney represents only your interests. The intended parents commonly pay the fee, but the lawyer works for you. Confirm who pays, and how, before you begin.
- The agreement covers the hard questions. These include compensation, medical decision-making, what happens if selective reduction or termination is raised, life and health insurance, and what happens if the relationship between the parties breaks down.
- The pre-birth order involves you. The intended parents petition a Nevada court during the pregnancy, and you are a party to that proceeding.
Medical decisions about your own body remain yours throughout the pregnancy. The agreement records expectations, but it does not hand control of your health care to someone else. Ask your attorney to walk you through how Chapter 126 and your contract treat this point, since it is one of the most important clauses you will sign.
Surrogate Compass is not a law firm and does not give legal advice. Your independent Nevada attorney is the person who explains how the statute applies to your agreement.
Basic Eligibility Requirements for Nevada Surrogates
The criteria below are commonly used by agencies and fertility clinics nationwide. Nevada law does not set most of them. Programmes differ, and a medical team decides.
- Age. Commonly about 21 to 40. The upper limit varies by agency and clinic.
- Your own family. Programmes usually look for at least one prior pregnancy and delivery, and that you are raising your child.
- BMI. Most programmes look for a BMI within a set range, and the range differs. The fertility clinic's physicians set it, not the agency alone. Our page on surrogate BMI requirements explains the common ranges.
- Lifestyle and medications. Non-smoker, no recreational drug use, and no medications a physician considers a risk to the pregnancy.
- Financial stability. Many programmes ask that you are not receiving certain means-tested public assistance. This is about keeping compensation from being a necessity, not a judgment about you.
- Background. No significant criminal history, checked for you and usually your partner.
- Psychological screening. This is part of the process, not something completed before applying.
Meeting these is preliminary self-screening, not qualification. Agency, medical and legal screening decide actual eligibility, and a physician decides medical clearance after reviewing your records.
On residency: living in Nevada is not always required to work with a Nevada-based programme. If your agreement is executed under Nevada law, Nevada's framework governs it. Your attorney confirms which state's law applies to your contract.