Nevada
PRE BIRTH OR POST BIRTH ORDER
Pre-birth
Process begins at week 14 of the pregnancy. Once the case is filed, and as of January 2017, the issuance of the judgment will typically take one to two weeks.
Married Hetero Couple |
Unmarried Hetero Couple |
Married Same-Sex Couple |
Unmarried Same-Sex Couple |
Single Parent |
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One Bio Connection |
√ |
√ |
√ |
√ |
√ |
Two Bio Connections |
√ |
√ |
√ |
√ |
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No Bio Connections |
√ |
√ |
√ |
√ |
√ |
ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER
Yes.
Contact - West Story, Amendment Dept. at NV VR. His email is wstorey@health.nv.gov. His cell phone is 775-773-5778. He only answers his cell when working remotely.
Whose information sis collected on the BC worksheet:
Whoever is listed in the court order. If its states the IPs information is inputted, then that is what will be listed.
How is the certified JOP provided to VR:
The hard copy should be provided to the hospital. The hospital then scans and submits it electronically to VR. The hospital retains the certified copy.
What information should the JOP include:
VR looks for three things:
The IPs are the legal parents of the child.
The GC/Spouse relinquish parents rights of the child.
Child’s name must match what the hospital inputs on the birth record
Full legal name is not required. We can refer to the baby as “Baby _____”, but the last name in the JOP must exactly match the last name entered by the hospital. *When IPs have different last names we need to confirm with them their baby’s last name and order if double names or hyphenation is used.
Birth Certificates
Timing - Varies by county, but the typical time frame is 5-10 business days.
Title - Parents can choose to be listed as father, parent, or mother.
GC - The initial birth certificate can include the name of the GC with the name of an IP. The birth certificate can later be revised to remove the name of the GC.
Should the BC be ordered from the county office or state office:
If the birth occurred in Clark or Washoe County, the IPs can order from the county or state office.
If the birth occurred in Carson or other counties, the IPs should order from the state office.
They can also order through VitalChek.
How long does it take for a BC amendment:
2 – 4 weeks.
What is the process to request an amended BC:
JOP must be clear.
Mail certified JOP to address listed on BC application:
Office of Vital Records and Statistics
4150 Technology Way, Suite 104
Carson City, Nevada 89706
It does not need to be mailed to a specific person or department. Everything is sent to the mail room. The mail processors open each envelope and identifies the request and department to forward the mail to.
statutes / case law
Gestational Surrogacy is permitted by statute, Nev. Rev. Stat. NRS 126.500-126.810.
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes. NRS 126.660 states "A donor is not a parent of a child conceived by means of assisted reproduction."
Venue
Any county in the state as long as the child will be born within the state boundaries.
Do results vary by venue? No.
Are motions to waive venue accepted? Yes.
Electronic signatures / e-notarizaTIONS
Traditional signatures and traditional notarizations required.
Second / step parent adoptions
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)? No.
Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state? Yes.
Does the couple need to be married? Yes, the couple must either be married or registered domestic partners.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? Yes.
Does the couple need to be married? Yes, the couple must either be married or registered domestic partners.
Of counsel
Kimberly M. Surratt
Surratt Law
3705 Lakeside Drive
Reno, NV 89509
(775) 636-8200