Nevada § 126.750 - Gestational agreement: Requirements

§ 126.750. Gestational agreement: Requirements

1. A gestational agreement is enforceable only if it satisfies the requirements of

this section. 2. The gestational carrier and the intended parent or parents must be represented

by separate, independent counsel in all matters concerning the gestational carrier

arrangement and gestational agreement. 3. A gestational agreement must: (a) Be in writing; (b) Be executed before the commencement of any medical procedures in furtherance of

the gestational carrier arrangement, other than the medical evaluation required by

subsection 1 of NRS 126.740 to determine the eligibility of the gestational carrier, by: (1) A gestational carrier satisfying the eligibility requirements set forth in subsection

1 of NRS 126.740 and the legal spouse or domestic partner of the gestational carrier, if any; and (2) An intended parent or parents satisfying the requirement set forth in subsection

2 of NRS 126.740 ; (c) Be notarized and signed by all the parties with attached declarations of the independent

attorney of each party; and (d) Include the separate, written and signed acknowledgment of the gestational carrier

and the intended parent or parents stating that he or she has received information

about the legal, financial and contractual rights, expectations, penalties and obligations

of the gestational agreement. 4. A gestational agreement must provide for: (a) The express written agreement of the gestational carrier to: (1) Undergo embryo or gamete transfer and attempt to carry and give birth to any resulting

child; and (2) Surrender legal and physical custody of any resulting child to the intended parent

or parents immediately upon the birth of the child; (b) The express written agreement of the legal spouse or domestic partner, if any,

of the gestational carrier to: (1) Undertake the obligations imposed upon the gestational carrier pursuant to the

terms of the gestational agreement; and (2) Surrender legal and physical custody of any resulting child to the intended parent

or parents immediately upon the birth of the child; (c) The express written agreement of each party to the use by the gestational carrier

of the services of a physician of her choosing, after consultation with the intended

parent or parents, to provide care to the gestational carrier during the pregnancy;

and (d) The express written agreement of the intended parent or parents to: (1) Accept legal and physical custody of any resulting child not biologically related

to the gestational carrier or her spouse or domestic partner, if any, immediately

upon the birth of the child or children regardless of the number, gender or mental

or physical condition of the child or children; and (2) Assume sole responsibility for the support of any resulting child not biologically

related to the gestational carrier or her spouse or domestic partner, if any, immediately

upon the birth of the child. 5. A gestational agreement is enforceable even if it contains one or more of the following

provisions: (a) The gestational carrier's agreement to undergo all medical examinations, treatments

and fetal monitoring procedures recommended for the success of the pregnancy by the

physician providing care to the gestational carrier during the pregnancy. (b) The gestational carrier's agreement to abstain from any activities that the intended

parent or parents or the physician providing care to the gestational carrier during

the pregnancy reasonably believes to be harmful to the pregnancy and the future health

of any resulting child, including, without limitation, smoking, drinking alcohol,

using nonprescribed drugs, using prescription drugs not authorized by a physician

aware of the pregnancy, exposure to radiation or any other activity proscribed by

a health care provider. (c) The agreement of the intended parent or parents to pay the gestational carrier

reasonable compensation. (d) The agreement of the intended parent or parents to pay for or reimburse the gestational

carrier for reasonable expenses, including, without limitation, medical, legal or

other professional expenses, related to the gestational carrier arrangement and the

gestational agreement.