Nevada updates parentage laws to include de facto parents and gestational agreements

On March 13, 2025, the Nevada State Legislature introduced Assembly Bill 424, a significant piece of legislation aimed at modernizing the state's laws regarding parentage and assisted reproduction. This bill seeks to align Nevada's statutes with the Uniform Parentage Act (UPA), addressing various complexities surrounding paternity, maternity, and the rights of de facto parents.

One of the key provisions of AB424 allows for the adjudication of parentage to commence before a child's birth, a shift from existing law that typically requires such proceedings to be stayed until after birth. This change aims to provide clarity and legal recognition for parents prior to the arrival of their child, although enforcement of any orders will still be delayed until after birth.

The bill also introduces the concept of de facto parentage, enabling individuals who have established a significant parental relationship with a child to seek legal recognition as a parent. This provision is particularly relevant for non-biological parents, such as stepparents or long-term caregivers, who may play a crucial role in a child's life. Furthermore, AB424 allows courts to recognize more than two legal parents if it is deemed beneficial for the child, reflecting a growing acknowledgment of diverse family structures.

In terms of assisted reproduction, the bill updates existing laws to clarify the rights of gestational carriers and intended parents. Notably, it mandates that gestational agreements include explicit consent from both the carrier and their partner, ensuring that all parties are aware of their legal responsibilities and rights regarding the resulting child. This includes the carrier's autonomy over health decisions during pregnancy, reinforcing their agency in the process.

While AB424 has garnered support for its progressive approach to family law, it has also sparked debates among lawmakers and advocacy groups. Some critics express concerns about the implications of recognizing multiple parents and the potential for legal complications in custody disputes. Proponents argue that the bill is a necessary step toward inclusivity and reflects the realities of modern family dynamics.

The economic and social implications of AB424 are significant, as it could affect child custody arrangements, inheritance rights, and access to parental benefits. By clarifying legal parentage, the bill aims to reduce litigation costs and provide stability for families navigating complex relationships.

As the legislative process unfolds, AB424 stands to reshape the landscape of family law in Nevada, potentially setting a precedent for other states to follow. The bill's progress will be closely monitored by advocates and families alike, as its outcomes could have lasting effects on the rights and recognition of diverse family structures in the state.