Nevada updates gestational agreement laws to enhance clarity for carriers and parents

Assembly Bill 424, introduced in the Nevada State Legislature on March 13, 2025, aims to clarify and strengthen the legal framework surrounding gestational agreements, which are contracts between intended parents and gestational carriers. This bill addresses critical issues regarding parental rights and the validity of agreements in the context of changing personal circumstances, such as marriage or divorce.

One of the key provisions of AB424 is that the marriage or domestic partnership of a gestational carrier or intended parent after the agreement is signed will not affect the validity of that agreement. This means that the consent of a spouse or domestic partner is not required for the agreement to remain enforceable. Additionally, the bill stipulates that a spouse or partner will not be presumed to be a parent of any child conceived through assisted reproduction under the agreement, thereby protecting the rights of the intended parents.

The bill also outlines that if a gestational carrier or intended parent experiences a divorce or legal separation after signing the agreement, it will not invalidate the agreement. This provision aims to provide stability and assurance for all parties involved, ensuring that the intended parents retain their parental rights regardless of personal changes in their lives.

Debate surrounding AB424 has focused on the implications of these provisions for family dynamics and the rights of all parties involved. Supporters argue that the bill provides necessary protections and clarity for intended parents and gestational carriers, while critics express concerns about the potential for exploitation or the undermining of traditional family structures.

Economically, the bill could have significant implications for the surrogacy industry in Nevada, which has seen growth in recent years. By providing a clearer legal framework, AB424 may attract more intended parents and gestational carriers to the state, potentially boosting local businesses related to reproductive health and legal services.

As the bill progresses through the legislative process, its outcomes could reshape the landscape of gestational agreements in Nevada, impacting many families and individuals seeking to navigate the complexities of assisted reproduction. The next steps will involve further discussions and potential amendments as lawmakers consider the diverse perspectives surrounding this important issue.