In Nevada, individuals or couples interested in pursuing surrogacy must create a gestational carrier agreement outlining terms between the carrier and intended parents. Many parents choose to obtain a Pre-Birth Order (PBO) before the child's birth to streamline the process of gaining legal authority. It's important to understand the purpose of a PBO to determine if it is necessary for your circumstances.

Establishing Parentage with a Pre-Birth Order

Many couples and singles are attracted by Nevada's welcoming surrogacy laws each year. To create a valid surrogacy contract in the state, specific procedures must be followed. In Nevada, only gestational surrogacy is allowed, as traditional surrogacy is seen as problematic. The gestational carrier cannot use their own genetic material and must relinquish all parental rights in the contract.

A pre-birth order is a legal process where all necessary documents for a child and their parents are completed before birth, allowing intended parents to make decisions for the child right away. In Nevada, pre-birth order proceedings can start in the gestational carrier's second trimester, typically by the seventh month of pregnancy. The purpose of a PBO is to ensure the intended parent can act on behalf of the baby upon birth.

Obtaining a Pre-Birth Order in Nevada

In order to obtain a Pre-Birth Order (PBO) in Nevada, individuals can apply for it in any county within the state, provided that the child was born in Nevada. The court will request specific documents, such a signed gestational agreement. Nevada recognizes and respects diverse family structures, allowing both intended parents to be named on the child's birth certificate, regardless of genetic relation.

If the order is approved in time, not only will parental rights attach to you and your partner upon the moment of the child’s birth, but you will also have an easier time at the hospital. You will be able to make medical decisions for your child, and be listed on the child’s birth certificate right away. You will also be able to have your baby discharged from the hospital to you.