[Rev. 11/21/2013 9:42:39 AM--2013]

CHAPTER 126 - PARENTAGE

GENERAL PROVISIONS

NRS 126.011           Applicability of chapter.

NRS 126.021           Definitions.

NRS 126.031           Relationship of parent and child not dependent on marriage; primary physical custody of child born out of wedlock.

NRS 126.036           Liberty interest of parent in care, custody and management of parent’s child is fundamental right.

NRS 126.041           Establishment of relationship. [Effective until the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is ratified by the President and the United States deposits its instrument of ratification.]

NRS 126.041           Establishment of relationship. [Effective on the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is ratified by the President and the United States deposits its instrument of ratification.]

SURROGACY AGREEMENTS

NRS 126.045           Contract requirements; treatment of intended parents as natural parents; unlawful acts. [Repealed.]

PATERNITY GENERALLY

NRS 126.051           Presumptions of paternity.

NRS 126.053           Voluntary acknowledgment of paternity.

NRS 126.061           Artificial insemination. [Repealed.]

ACTION TO DETERMINE PATERNITY

NRS 126.071           Who may bring action; when action may be brought.

NRS 126.081           Period of limitations.

NRS 126.091           Jurisdiction; venue.

NRS 126.101           Parties.

NRS 126.105           Service of process.

NRS 126.111           Pretrial hearing; testimony.

NRS 126.121           Tests for typing of blood or genetic identification; admissibility in court; effect of refusal to submit to test.

NRS 126.131           Evidence relating to paternity; evidence of costs of certain medical services.

NRS 126.141           Pretrial recommendations.

NRS 126.143           Order for temporary support of child.

NRS 126.151           Trial: Applicability of Nevada Rules of Civil Procedure; admissibility of evidence of other sexual contact; without jury.

NRS 126.161           Contents and effect of judgment or order.

NRS 126.163           Order issued on or after October 1, 1998: Provision of information by court and parties to action; regulations.

NRS 126.171           Costs.

NRS 126.181           Enforcement of judgment or order.

NRS 126.191           Modification of judgment or order.

NRS 126.193           Cause of action subsequent to issuance of order: Notice and service of process.

NRS 126.201           Right to counsel; appointment of counsel by court; free transcript on appeal.

NRS 126.211           Hearings and records: Confidentiality.

NRS 126.221           Substitution of certificate of birth.

NRS 126.223           Entry of default upon failure to plead or defend in action.

ACTION TO DETERMINE MATERNITY

NRS 126.231           Who may bring action; provisions of chapter applicable to action.

PROCEEDINGS TO COMPEL SUPPORT

NRS 126.291           Proceedings not exclusive; fees.

NRS 126.295           Form of complaint; verification.

NRS 126.301           Absence of defendant.

NRS 126.311           Effect of death, absence or insanity of plaintiff.

NRS 126.321           Effect of death of defendant.

NRS 126.331           Payment to trustee.

MISCELLANEOUS PROVISIONS

NRS 126.371           Promise to furnish support for child: Enforcement; confidentiality. [Replaced in revision by NRS 126.900.]

GESTATIONAL AGREEMENTS

NRS 126.500           Definitions.

NRS 126.510           “Assisted reproduction” defined.

NRS 126.520           “Domestic partner” defined.

NRS 126.530           “Domestic partnership” defined.

NRS 126.540           “Donor” defined.

NRS 126.550           “Embryo” defined.

NRS 126.560           “Gamete” defined.

NRS 126.570           “Gestational agreement” defined.

NRS 126.580           “Gestational carrier” defined.

NRS 126.590           “Intended parent” defined.

NRS 126.600           “In vitro fertilization” defined.

NRS 126.610           “Parent” defined.

NRS 126.620           “Record” defined.

NRS 126.630           “Sign” defined.

NRS 126.640           Scope of relationship.

NRS 126.650           Inapplicability to birth of child conceived by means other than assisted reproduction.

NRS 126.660           Donor not parent of child conceived by means of assisted reproduction.

NRS 126.670           Person who provides gametes for, or consents to, assisted reproduction with intent to be parent of child is parent of resulting child.

NRS 126.680           Finding of parentage by consent; exception.

NRS 126.690           Proceedings to adjudicate parentage: Requirements.

NRS 126.700           Former spouse or former domestic partner not parent if marriage or partnership dissolved or terminated before transfer of eggs, sperm or embryos unless consented to in record; withdrawal of consent.

NRS 126.710           Gestational agreement: Conditions.

NRS 126.720           Intended parent considered parent of child; exception; assumption of rights and obligations by parties of gestational carrier; court order validating gestational agreement.

NRS 126.730           Confidentiality of proceedings, files and records pertaining to gestational carrier arrangement.

NRS 126.740           Gestational carrier: Eligibility; legal consultation requirement for gestational carrier agreement.

NRS 126.750           Gestational agreement: Requirements.

NRS 126.760           Parent of child obligated to support child.

NRS 126.770           Marriage or domestic partnership of gestational carrier after executing gestational agreement does not affect validity of agreement.

NRS 126.780           Gestational agreement: Noncompliance; authority of court to determine rights and obligations of parties to agreement.

NRS 126.790           Remedies of intended parents and gestational carrier.

NRS 126.800           Reimbursement of gestational carrier for expenses and economic losses.

NRS 126.810           Compensation of donor or prospective gestational carrier: Requirements.

MISCELLANEOUS PROVISIONS

NRS 126.900           Promise to furnish support for child: Enforcement; confidentiality.

_________

 

GENERAL PROVISIONS

      NRS 126.011  Applicability of chapter.  This chapter applies to all persons, no matter when born.

      (Added to NRS by 1979, 1269)

      NRS 126.021  Definitions.  As used in this chapter, unless the context otherwise requires:

      1.  “Custodial parent” means the parent of a child born out of wedlock who has been awarded physical custody of the child or, if no award of physical custody has been made by a court, the parent with whom the child resides.

      2.  “Nonsupporting parent” means the parent of a child born out of wedlock who has failed to provide an equitable share of his or her child’s necessary maintenance, education and support.

      3.  “Parent and child relationship” means the legal relationship existing between a child and his or her natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations. It includes the mother and child relationship and the father and child relationship.

      (Added to NRS by 1979, 1269; A 1983, 1867)

      NRS 126.031  Relationship of parent and child not dependent on marriage; primary physical custody of child born out of wedlock.

      1.  The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.

      2.  Except as otherwise provided in a court order for the custody of a child:

      (a) Except as otherwise provided in paragraph (b), the mother of a child born out of wedlock has primary physical custody of the child if:

             (1) The mother has not married the father of the child; and

             (2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered.

      (b) The father of a child born out of wedlock has primary physical custody of the child if:

             (1) The mother has abandoned the child to the custody of the father; and

             (2) The father has provided sole care and custody of the child in her absence.

      3.  For the purposes of this section, “abandoned” means failed, for a continuous period of not less than 6 weeks, to provide substantial personal and economic support.

      4.  As used in this section, “expedited process” has the meaning ascribed to it in NRS 126.161.

      (Added to NRS by 1979, 1270; A 1993, 1425; 1997, 2303)

      NRS 126.036  Liberty interest of parent in care, custody and management of parent’s child is fundamental right.

      1.  The liberty interest of a parent in the care, custody and management of the parent’s child is a fundamental right.

      2.  Nothing in this section shall be construed to:

      (a) Authorize a parent to engage in any unlawful conduct or to abuse or neglect a child in violation of the laws of this State.

      (b) Prohibit courts, law enforcement officers or employees of an agency which provides child welfare services from acting in their official capacity within the scope of their authority.

      3.  Except as otherwise provided by specific statute, the provisions of this section apply to any statute, local ordinance or regulation and the implementation of such statute, local ordinance or regulation regardless of whether such statute, local ordinance or regulation was adopted or effective before, on or after October 1, 2013.

      4.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (Added to NRS by 2013, 2253)

      NRS 126.041  Establishment of relationship. [Effective until the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is ratified by the President and the United States deposits its instrument of ratification.]  The parent and child relationship between a child and:

      1.  A woman may be established by:

      (a) Except as otherwise provided in NRS 126.710 to 126.810, inclusive, proof of her having given birth to the child;

      (b) An adjudication of the woman’s maternity pursuant to this chapter, or NRS 125B.150 or 130.701;

      (c) Proof of adoption of the child by the woman;

      (d) An unrebutted presumption of the woman’s maternity;

      (e) The consent of the woman to assisted reproduction pursuant to NRS 126.670 and 126.680 which resulted in the birth of the child; or

      (f) An adjudication confirming the woman as a parent of a child born to a gestational carrier if the gestational agreement is enforceable under the provisions of NRS 126.710 to 126.810, inclusive, or any other provision of law.

      2.  A man may be established:

      (a) Under this chapter, or NRS 125B.150, 130.701 or 425.382 to 425.3852, inclusive;

      (b) By proof of adoption of the child by the man;

      (c) By the consent of the man to assisted reproduction pursuant to NRS 126.670 and 126.680 which resulted in the birth of the child; or

      (d) By an adjudication confirming the man as a parent of a child born to a gestational carrier if the gestational agreement was validated pursuant to the provisions of NRS 126.710 to 126.810, inclusive, or other provision of law.

      (Added to NRS by 1979, 1270; A 1983, 1867; 1997, 2303; 1999, 3570; 2013, 812)

      NRS 126.041  Establishment of relationship. [Effective on the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is ratified by the President and the United States deposits its instrument of ratification.]  The parent and child relationship between a child and:

      1.  A woman may be established by:

      (a) Except as otherwise provided in NRS 126.710 to 126.810, inclusive, proof of her having given birth to the child;

      (b) An adjudication of the woman’s maternity pursuant to this chapter, or NRS 125B.150 or 130.402;

      (c) Proof of adoption of the child by the woman;

      (d) An unrebutted presumption of the woman’s maternity;

      (e) The consent of the woman to assisted reproduction pursuant to NRS 126.670 and 126.680 which resulted in the birth of the child; or

      (f) An adjudication confirming the woman as a parent of a child born to a gestational carrier if the gestational agreement is enforceable under the provisions of NRS 126.710 to 126.810, inclusive, or any other provision of law.

      2.  A man may be established:

      (a) Under this chapter, NRS 125B.150, 130.402, or 425.382 to 425.3852, inclusive;

      (b) By proof of adoption of the child by the man;

      (c) By the consent of the man to assisted reproduction pursuant to NRS 126.670 and 126.680 which resulted in the birth of the child; or

      (d) By an adjudication confirming the man as a parent of a child born to a gestational carrier if the gestational agreement was validated pursuant to the provisions of NRS 126.710 to 126.810, inclusive, or other provision of law.

      (Added to NRS by 1979, 1270; A 1983, 1867; 1997, 2303; 1999, 3570; 2009, 118; 2013, 812, effective on the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is ratified by the President and the United States deposits its instrument of ratification)

SURROGACY AGREEMENTS

      NRS 126.045  Contract requirements; treatment of intended parents as natural parents; unlawful acts.  Repealed. (See chapter 213, Statutes of Nevada 2013, at page 813.)

 

PATERNITY GENERALLY

      NRS 126.051  Presumptions of paternity.

      1.  A man is presumed to be the natural father of a child if:

      (a) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court.

      (b) He and the child’s natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception.

      (c) Before the child’s birth, he and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid, and:

             (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 285 days after its termination by death, annulment, declaration of invalidity or divorce; or

             (2) If the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation.

      (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child.

      2.  A conclusive presumption that a man is the natural father of a child is established if tests for the typing of blood or tests for genetic identification made pursuant to NRS 126.121 show a probability of 99 percent or more that he is the father except that the presumption may be rebutted if he establishes that he has an identical sibling who may be the father.

      3.  A presumption under subsection 1 may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

      (Added to NRS by 1979, 1270; A 1983, 1868; 1995, 732, 2416; 1997, 2304; 2007, 1523)

      NRS 126.053  Voluntary acknowledgment of paternity.

      1.  After the expiration of the period described in subsection 2, a declaration for the voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283 shall be deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child if the declaration is signed in this or any other state by the mother and father of the child. A declaration for the voluntary acknowledgment of paternity that is signed pursuant to this subsection is not required to be ratified by a court of this State before the declaration is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.

      2.  A person who signs an acknowledgment of paternity in this State may rescind the acknowledgment:

      (a) Within 60 days after the acknowledgment is signed by both persons; or

      (b) Before the date on which an administrative or judicial proceeding relating to the child begins if that person is a party to the proceeding,

Ê whichever occurs earlier.

      3.  After the expiration of the period during which an acknowledgment may be rescinded pursuant to subsection 2, the acknowledgment may not be challenged except upon the grounds of fraud, duress or material mistake of fact. The burden of proof is on the person challenging the acknowledgment to establish that the acknowledgment was signed because of fraud, duress or material mistake of fact.

      4.  Except upon a showing of good cause, a person’s obligation for the support of a child must not be suspended during a hearing to challenge a voluntary acknowledgment of paternity.

      (Added to NRS by 1997, 2301; A 2007, 1524)

      NRS 126.061  Artificial insemination.  Repealed. (See chapter 213, Statutes of Nevada 2013, at page 813.)

 

ACTION TO DETERMINE PATERNITY

      NRS 126.071  Who may bring action; when action may be brought.

      1.  A child, his or her natural mother, a man presumed or alleged to be his or her father or an interested third party may bring an action pursuant to this chapter to declare the existence or nonexistence of the father and child relationship.

      2.  If an action under this section is brought before the birth of the child, all proceedings must be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.

      3.  Upon the request of any of the persons listed in subsection 1, the district attorney shall take such action as is necessary to establish the parentage of a child.

      (Added to NRS by 1979, 1271; A 1983, 1869; 1987, 2251)

      NRS 126.081  Period of limitations.

      1.  An action brought under this chapter to declare the existence or nonexistence of the father and child relationship is not barred until 3 years after the child reaches the age of majority.

      2.  This section does not alter the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents’ estates or to the determination of heirship, or otherwise.

      (Added to NRS by 1979, 1272; A 1981, 1573; 1983, 1870)

      NRS 126.091  Jurisdiction; venue.

      1.  Each district court has jurisdiction of an action brought under this chapter. The action may be joined with an action for divorce, annulment, separate maintenance or support.

      2.  A person who has sexual intercourse in this state thereby submits to the jurisdiction of the courts of this state as to an action brought under this chapter with respect to a child who may have been conceived by that act of intercourse. In addition to any other method provided by law, personal jurisdiction may be acquired by personal service of summons outside this state or by certified mail, restricted delivery, with return receipt requested.

      3.  The action may be brought in the county in which the child, the mother or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of the father’s estate have been or could be commenced. The court has jurisdiction whether or not the plaintiff resides in this state.

      4.  If an action to establish paternity is transferred from one judicial district in this state to another judicial district in this state, the district court to which the action is transferred shall not require the petitioner to file additional documents with the court or provide additional service of process upon the respondent to maintain jurisdiction over the parties.

      (Added to NRS by 1979, 1272; A 1997, 2305)

      NRS 126.101  Parties.

      1.  If the court determines that it is necessary for the child to be made a party to the action, the court may make the child a party to the action. If the child is a minor and the court determines that it is necessary to appoint a guardian ad litem to represent the child, the court may appoint a guardian ad litem for the child. The child’s mother or father may not represent the child as guardian or otherwise.

      2.  The natural mother and a man presumed to be the father under NRS 126.051 must be made parties, but if more than one man is presumed to be the natural father, only a man presumed pursuant to subsection 2 or 3 of NRS 126.051 is an indispensable party. Any other presumed or alleged father may be made a party.

      3.  The court may align the parties.

      (Added to NRS by 1979, 1273; A 1981, 1573; 1983, 1870; 1993, 541; 1995, 2418; 1997, 2305; 1999, 875; 2007, 1525; 2013, 791)

      NRS 126.105  Service of process.  Whenever service of process is required in an action brought under this chapter to determine the existence or nonexistence of the paternal relationship, it may be made pursuant to Rule 4 of N.R.C.P. or by certified mail, restricted delivery, with return receipt requested.

      (Added to NRS by 1981, 1572; A 1983, 1870; 1995, 2418; 1997, 2306)

      NRS 126.111  Pretrial hearing; testimony.

      1.  The court shall endeavor to resolve the issues raised in an action pursuant to this chapter by an informal hearing.

      2.  As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing must be held. The court may order that the hearing be held before a master or referee. The public shall be barred from the hearing. A record of the proceeding or any portion thereof must be kept if any party requests or the court orders. Strict rules of evidence need not be observed, but those prescribed in NRS 233B.123 apply.

      3.  Upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order the witness to testify under oath and produce evidence concerning all relevant facts. If the refusal is upon the ground that the witness’s testimony or evidence might tend to incriminate the witness, the court may grant the witness immunity from prosecution for all criminal offenses shown in whole or in part by testimony or evidence the witness is required to produce, except for perjury committed in his or her testimony. The refusal of a witness who has been granted immunity to obey an order to testify or produce evidence is a civil contempt of the court.

      4.  Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth is not privileged.

      (Added to NRS by 1979, 1273)

      NRS 126.121  Tests for typing of blood or genetic identification; admissibility in court; effect of refusal to submit to test.

      1.  The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so involved to submit to one or more tests for the typing of blood or taking of specimens for genetic identification to be made by a designated person, by qualified physicians or by other qualified persons, under such restrictions and directions as the court or judge deems proper. Whenever such a test is ordered and made, the results of the test must be received in evidence and must be made available to a judge, master or referee conducting a hearing pursuant to NRS 126.111. The results of the test and any sample or specimen taken may be used only for the purposes specified in this chapter. Unless a party files a written objection to the result of a test at least 30 days before the hearing at which the result is to be received in evidence, the result is admissible as evidence of paternity without foundational testimony or other proof of authenticity or accuracy. The order for such a test also may direct that the testimony of the experts and of the persons so examined may be taken by deposition or written interrogatories.

      2.  If any party refuses to submit to or fails to appear for a test ordered pursuant to subsection 1, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.

      3.  The court, upon reasonable request by a party, shall order that independent tests for determining paternity be performed by other experts or qualified laboratories.

      4.  In all cases, the court shall determine the number and qualifications of the experts and laboratories.

      5.  As used in this section:

      (a) “Designated person” means a person who is:

             (1) Properly trained to take samples or specimens for tests for the typing of blood and genetic identification; and

             (2) Designated by an enforcing authority to take such samples or specimens.

      (b) “Enforcing authority” means the Division of Welfare and Supportive Services of the Department of Health and Human Services, its designated representative, a district attorney or the Attorney General when acting pursuant to NRS 425.380.

      (Added to NRS by 1979, 1273; A 1991, 1337; 1995, 2418; 2007, 1525)

      NRS 126.131  Evidence relating to paternity; evidence of costs of certain medical services.

      1.  Evidence relating to paternity may include:

      (a) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.

      (b) An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy.

      (c) The results of any test for the typing of blood or taking of specimens for genetic identification that is:

             (1) Of a type acknowledged as reliable by an organization approved by the Secretary of Health and Human Services; and

             (2) Performed by a laboratory which is accredited by such an organization.

      (d) An expert’s opinion concerning the results of a blood test or test for genetic identification, weighted in accordance with evidence, if available, of the statistical probability of the alleged father’s paternity.

      (e) Medical or anthropological evidence relating to the alleged father’s paternity of the child based on tests performed by experts.

      (f) All other evidence relevant to the issue of paternity of the child.

      2.  Bills or receipts for the costs of:

      (a) Medical care received during the pregnancy;

      (b) The birth of the child; or

      (c) Tests for the typing of blood or taking of specimens for genetic identification to determine the paternity of the child,

Ê are prima facie evidence of the amounts incurred for those services and are admissible as evidence without the foundational testimony of a third party.

      (Added to NRS by 1979, 1274; A 1991, 1337; 1997, 2306)

      NRS 126.141  Pretrial recommendations.

      1.  On the basis of the information produced at the pretrial hearing, the judge, master or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement must be made to the parties, which may include any of the following:

      (a) That the action be dismissed with or without prejudice.

      (b) That the matter be compromised by an agreement among the alleged father, the mother and the child, in which the father and child relationship is not determined but in which a defined economic obligation, fully secured by payment or otherwise, is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge, master or referee conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge, master or referee conducting the hearing shall consider the best interest of the child, discounted by the improbability, as it appears to him or her, of establishing the alleged father’s paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father’s identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on the alleged father.

      (c) That the alleged father voluntarily acknowledge his paternity of the child.

      2.  If the parties accept a recommendation made in accordance with subsection 1, judgment may be entered accordingly.

      3.  If a party refuses to accept a recommendation made under subsection 1 and blood tests or tests for genetic identification have not been taken, the court shall require the parties to submit to blood tests or tests for genetic identification, if practicable. Thereafter the judge, master or referee shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action must be set for trial.

      4.  The guardian ad litem may accept or refuse to accept a recommendation under this section.

      5.  The pretrial hearing may be terminated and the action set for trial if the judge, master or referee conducting the hearing finds unlikely that all parties would accept a recommendation he or she might make under subsection 1 or 3.

      (Added to NRS by 1979, 1274; A 1983, 1871; 1989, 860; 1997, 2306)

      NRS 126.143  Order for temporary support of child.  After an action is set for trial pursuant to NRS 126.141, the judge, master or referee shall, upon the motion of a party, issue an order providing for the temporary support of the child pending the resolution of the trial if the judge, master or referee determines that there is clear and convincing evidence that the party against whom the order is issued is the father of the child.

      (Added to NRS by 1997, 2301)

      NRS 126.151  Trial: Applicability of Nevada Rules of Civil Procedure; admissibility of evidence of other sexual contact; without jury.

      1.  An action under this chapter is a civil action governed by the Nevada Rules of Civil Procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Subsections 3 and 4 of NRS 126.111 and NRS 126.121 and 126.131 apply.

      2.  In an action against an alleged father, evidence offered by the alleged father with respect to a man who is not subject to the jurisdiction of the court concerning that man’s sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if the alleged father has undergone and made available to the court blood tests or tests for genetic identification, the results of which show a probability less than 99 percent that the alleged father is the father of the child.

      3.  The trial must be by the court without a jury.

      (Added to NRS by 1979, 1275; A 1995, 2419; 1997, 2307)

      NRS 126.161  Contents and effect of judgment or order.

      1.  A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.

      2.  If such a judgment or order of this State is at variance with the child’s birth certificate, the judgment or order must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.

      3.  If the child is a minor, such a judgment or order of this State must provide for the child’s support as required by chapter 125B of NRS and must include an order directing the withholding or assignment of income for the payment of the support unless:

      (a) One of the parties demonstrates and good cause is found by the court, or pursuant to the expedited process, for the postponement of the withholding or assignment; or

      (b) All parties otherwise agree in writing.

      4.  Such a judgment or order of this State may:

      (a) Contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.

      (b) Direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement. The court may limit the father’s liability for past support of the child to the proportion of the expenses already incurred which the court deems just.

      5.  A court that enters such a judgment or order shall ensure that the social security numbers of the mother and father are:

      (a) Provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      6.  As used in this section, “expedited process” means a voluntary acknowledgment of paternity, judicial procedure or an administrative procedure established by this or another state, as that term is defined in NRS 130.10179, to facilitate the collection of an obligation for the support of a child.

      (Added to NRS by 1979, 1275; A 1983, 1872; 1987, 2251; 1989, 671; 1995, 2419; 1997, 2307, 2308; 2005, 248)

      NRS 126.163  Order issued on or after October 1, 1998: Provision of information by court and parties to action; regulations.

      1.  A court that, on or after October 1, 1998, issues an order in this State establishing the paternity of a child shall:

      (a) Obtain and provide to the Division of Welfare and Supportive Services of the Department of Health and Human Services such information regarding the order as the Division of Welfare and Supportive Services determines is necessary to carry out the provisions of 42 U.S.C. § 654a.

      (b) Ensure that the social security numbers of the child and the parents of the child are placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      2.  Within 10 days after a court of this State issues an order establishing the paternity of a child, each party to the cause of action shall file with the court that issued the order and with the Division of Welfare and Supportive Services:

      (a) The party’s social security number;

      (b) The party’s residential and mailing addresses;

      (c) The party’s telephone number;

      (d) The party’s driver’s license number; and

      (e) The name, address and telephone number of the employer of the party.

Ê Each party shall update the information filed with the court and with the Division of Welfare and Supportive Services pursuant to this subsection within 10 days after that information becomes inaccurate.

      3.  The Division of Welfare and Supportive Services shall adopt regulations specifying the particular information required to be provided pursuant to subsection 1 to carry out the provisions of 42 U.S.C. § 654a.

      (Added to NRS by 1997, 2302; A 2005, 249)

      NRS 126.171  Costs.  The court may order reasonable fees of counsel, experts and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including blood tests or tests for genetic identification, to be paid by the parties in proportions and at times determined by the court. The court may order the proportion of any indigent party to be paid by the county. In no event may the State be assessed any costs when it is a party to an action to determine parentage.

      (Added to NRS by 1979, 1276; A 1981, 1573; 1997, 2309)

      NRS 126.181  Enforcement of judgment or order.

      1.  If the parent and child relationship has been established, the obligation of a parent may be enforced in the same or independent proceedings by the other parent, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support or funeral, or by any other person, including a private agency, to the extent he or she has furnished or is furnishing these expenses.

      2.  The court may order support payments to be made to the custodial parent or a person or public agency designated to administer them for the benefit of the child under the supervision of the court.

      3.  Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply.

      (Added to NRS by 1979, 1276; A 1997, 2309)

      NRS 126.191  Modification of judgment or order.  Except as otherwise provided in NRS 125B.140 and chapter 130 of NRS, the court has continuing jurisdiction to modify the judgment or order as to custody, visitation or support.

      (Added to NRS by 1979, 1276; A 1983, 1873; 1987, 2251; 1997, 2309)

      NRS 126.193  Cause of action subsequent to issuance of order: Notice and service of process.  If, after a court issues an order establishing the paternity of a child, a subsequent cause of action between the parties concerning the support of the child is initiated, the requirements for notice and service of process shall be deemed to have been met with respect to a party to the proceeding who cannot be found if:

      1.  The party initiating the proceeding shows proof that diligent effort has been made to ascertain the location of the missing party; and

      2.  Written notice of the initiation of the proceeding has been mailed to the mailing address of the missing party or the address of the missing party’s employer as those addresses appear in the information required to be filed pursuant to subsection 2 of NRS 126.163.

      (Added to NRS by 1997, 2303; A 2005, 249)

      NRS 126.201  Right to counsel; appointment of counsel by court; free transcript on appeal.

      1.  At the pretrial hearing and in further proceedings, any party may be represented by counsel. If a party is financially unable to obtain counsel, the court may appoint counsel to represent that party with respect to the determination of the existence or nonexistence of the parent and child relationship and the duty of support, including without limitation the expenses of the mother’s pregnancy and confinement, medical expenses for the birth of the child and support of the child from birth until trial.

      2.  If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal.

      (Added to NRS by 1979, 1276; A 1983, 1873)

      NRS 126.211  Hearings and records: Confidentiality.  Any hearing or trial held under this chapter must be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the Division of Welfare and Supportive Services of the Department of Health and Human Services or elsewhere, are subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.

      (Added to NRS by 1979, 1276)

      NRS 126.221  Substitution of certificate of birth.  Upon order of a court of this state or upon request of a court of another state, the State Registrar of Vital Statistics shall prepare a new certificate of birth consistent with the findings of the court and substitute the new certificate for the original certificate of birth as provided in NRS 440.270 to 440.340, inclusive.

      (Added to NRS by 1979, 1277)

      NRS 126.223  Entry of default upon failure to plead or defend in action.  If a man who is alleged to be the father of a child in an action brought pursuant to this chapter fails to plead or otherwise defend against the action as provided in the Nevada Rules of Civil Procedure, the clerk of the court shall enter his default upon a showing of proof of service of process and any other showing required pursuant to the Nevada Rules of Civil Procedure.

      (Added to NRS by 1997, 2302)

ACTION TO DETERMINE MATERNITY

      NRS 126.231  Who may bring action; provisions of chapter applicable to action.  Any interested party may bring an action to determine the existence of a mother and child relationship. Insofar as practicable, the provisions of this chapter applicable to the father and child relationship apply to that action.

      (Added to NRS by 1979, 1276; A 1983, 1873)

PROCEEDINGS TO COMPEL SUPPORT

      NRS 126.291  Proceedings not exclusive; fees.

      1.  Proceedings to compel support by a nonsupporting parent may be brought in accordance with this chapter. They are not exclusive of other proceedings. The court may assess the usual filing fees, charges or court costs against the nonsupporting parent and shall enforce their collection with the other provisions of the judgment.

      2.  Except as otherwise provided in this subsection, when the district attorney is requested to bring an action to compel support or an action to determine paternity, the district attorney may charge the requester a fee of not more than $20 for an application. This fee may not be assessed against:

      (a) The State of Nevada when acting as a party to an action brought pursuant to this chapter.

      (b) Any person or agency requesting services pursuant to chapter 130 of NRS.

      3.  If the court finds that a parent and child relationship exists, it may assess against the nonsupporting parent, in addition to any support obligation ordered a reasonable collection fee. If the court finds that the nonsupporting parent would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.

      4.  All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.

      [6:87:1923; A 1933, 186; 1931 NCL § 3410]—(NRS A 1979, 1280; 1981, 1575; 1983, 261, 1874; 1997, 2309, 2310)

      NRS 126.295  Form of complaint; verification.  The complaint must be in writing and verified by oath or affirmation of the complainant.

      [10:87:1923; NCL § 3414]—(NRS A 1983, 262, 1875)

      NRS 126.301  Absence of defendant.  If the defendant fails to appear, the court may proceed as if the defendant were present and hear the complaint. The court shall require the plaintiff to establish the facts, and shall give full and careful consideration to all evidence presented and the rights and claims of the plaintiff, defendant and children, and the best interests of the child or children involved. The court shall, upon its own findings or the verdict of the jury, make such orders as it would make if the defendant were present.

      [17:87:1923; NCL § 3421]—(NRS A 1979, 1280; 1983, 1875)

      NRS 126.311  Effect of death, absence or insanity of plaintiff.  If after the complaint has been filed, the plaintiff dies, becomes insane or cannot be found within the jurisdiction, the proceeding does not abate, but the child may be substituted as complainant by the child’s guardian ad litem.

      [18:87:1923; NCL § 3422]—(NRS A 1971, 803; 1979, 1280)—(Substituted in revision for NRS 126.200)

      NRS 126.321  Effect of death of defendant.  In case of the death of the defendant, the action to compel support may be prosecuted against the personal representatives of the deceased with like effect as if the defendant were living, subject as regards the measure of support to the provisions of this chapter. No personal representative may be required to post a bond.

      [19:87:1923; NCL § 3423]—(NRS A 1979, 1280)—(Substituted in revision for NRS 126.210)

      NRS 126.331  Payment to trustee.

      1.  The court may require the payments to be made to the custodial parent, a public agency or a person designated by the court as trustee.

      2.  If the Division of Welfare and Supportive Services of the Department of Health and Human Services has provided money for the support of the child, the court shall direct that payment be made to the Division as provided for in NRS 425.360.

      3.  Except as otherwise provided in subsection 1 of NRS 425.410, the payments must be made to a trustee if the custodial parent does not reside within the jurisdiction of the court or has assigned his or her right to receive support to a public agency in another state.

      4.  The trustee shall report to the court annually, or more often, as directed by the court, the amounts received and paid over.

      [22:87:1923; NCL § 3426]—(NRS A 1979, 1281; 1997, 2310)

MISCELLANEOUS PROVISIONS

      NRS 126.371  Promise to furnish support for child: Enforcement; confidentiality.  [Replaced in revision by NRS 126.900.]

 

GESTATIONAL AGREEMENTS

      NRS 126.500  Definitions.  As used in NRS 126.500 to 126.810, inclusive, unless the context otherwise requires, the words and terms defined in NRS 126.510 to 126.630, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2013, 806)

      NRS 126.510  “Assisted reproduction” defined.  “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. The term includes, without limitation:

      1.  Intrauterine insemination;

      2.  Donation of eggs;

      3.  Donation of embryos;

      4.  In vitro fertilization and transfer of embryos; and

      5.  Intracytoplasmic sperm injection.

      (Added to NRS by 2013, 806)

      NRS 126.520  “Domestic partner” defined.  “Domestic partner” means a person who is in a domestic partnership which is registered pursuant to chapter 122A of NRS and which has not been terminated pursuant to that chapter.

      (Added to NRS by 2013, 806)

      NRS 126.530  “Domestic partnership” defined.  “Domestic partnership” has the meaning ascribed to it in NRS 122A.040.

      (Added to NRS by 2013, 806)

      NRS 126.540  “Donor” defined.  “Donor” means a person with dispositional control of eggs, sperm or embryos who provides eggs, sperm or embryos to another person for gestation and relinquishes all present and future parental and inheritance rights and obligations to any resulting child.

      (Added to NRS by 2013, 806)

      NRS 126.550  “Embryo” defined.  “Embryo” means a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a woman under conditions in which gestation may be reasonably expected to occur.

      (Added to NRS by 2013, 806)

      NRS 126.560  “Gamete” defined.  “Gamete” means a cell containing a haploid complement of deoxyribonucleic acid that has the potential to form an embryo when combined with another gamete. The term includes:

      1.  Sperm.

      2.  Eggs.

      3.  Nuclear deoxyribonucleic acid from one human being combined with the cytoplasm, including, without limitation, cytoplasmic deoxyribonucleic acid, of another human being.

      (Added to NRS by 2013, 806)

      NRS 126.570  “Gestational agreement” defined.  “Gestational agreement” means a contract between an intended parent or parents and a gestational carrier intended to result in a live birth.

      (Added to NRS by 2013, 807)

      NRS 126.580  “Gestational carrier” defined.  “Gestational carrier” means an adult woman who is not an intended parent and who enters into a gestational agreement to bear a child conceived using the gametes of other persons and not her own.

      (Added to NRS by 2013, 807)

      NRS 126.590  “Intended parent” defined.  “Intended parent” means a person, married or unmarried, who manifests the intent as provided in NRS 126.500 to 126.810, inclusive, to be legally bound as the parent of a child resulting from assisted reproduction.

      (Added to NRS by 2013, 807)

      NRS 126.600  “In vitro fertilization” defined.  “In vitro fertilization” means the formation of a human embryo outside the human body.

      (Added to NRS by 2013, 807)

      NRS 126.610  “Parent” defined.  “Parent” means a person who has established the parent and child relationship.

      (Added to NRS by 2013, 807)

      NRS 126.620  “Record” defined.  “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

      (Added to NRS by 2013, 807)

      NRS 126.630  “Sign” defined.  “Sign” means, with present intent to authenticate or adopt a record:

      1.  To execute or adopt a tangible symbol; or

      2.  To attach to or logically associate with the record an electronic symbol, sound or process.

      (Added to NRS by 2013, 807)

      NRS 126.640  Scope of relationship.  Except as otherwise provided by any other provision of law, unless parental rights are terminated, a parent and child relationship established under NRS 126.500 to 126.810, inclusive, applies for all purposes.

      (Added to NRS by 2013, 807)

      NRS 126.650  Inapplicability to birth of child conceived by means other than assisted reproduction.  NRS 126.500 to 126.810, inclusive, do not apply to the birth of a child conceived by means other than assisted reproduction.

      (Added to NRS by 2013, 807)

      NRS 126.660  Donor not parent of child conceived by means of assisted reproduction.  A donor is not a parent of a child conceived by means of assisted reproduction.

      (Added to NRS by 2013, 807)

      NRS 126.670  Person who provides gametes for, or consents to, assisted reproduction with intent to be parent of child is parent of resulting child.  A person who provides gametes for, or consents to, assisted reproduction by a woman, as provided in NRS 126.680, with the intent to be a parent of her child is a parent of the resulting child.

      (Added to NRS by 2013, 807)

      NRS 126.680  Finding of parentage by consent; exception.

      1.  Consent by a person who intends to be a parent of a child born by assisted reproduction must be in a signed record.

      2.  Failure of a person to sign a consent required by subsection 1, before or after the birth of the child, does not preclude a finding of parentage if the woman and the person, during the first 2 years of the child’s life, resided together in the same household with the child and openly held out the child as their own.

      (Added to NRS by 2013, 807)

      NRS 126.690  Proceedings to adjudicate parentage: Requirements.

      1.  Except as otherwise provided in subsection 2, the legal spouse or domestic partner of a woman who gives birth to a child by means of assisted reproduction may not challenge the parentage of the child unless:

      (a) Within 2 years after learning of the birth of the child, a proceeding is commenced to adjudicate parentage; and

      (b) The court finds that, before or after the birth of the child, the legal spouse or domestic partner did not consent to the assisted reproduction.

      2.  A proceeding to adjudicate parentage may be maintained at any time if the court determines that:

      (a) The legal spouse or domestic partner did not provide gametes for, or consent to, the assisted reproduction by the person who gave birth;

      (b) The legal spouse or domestic partner and the woman who gave birth to the child have not cohabited since the probable time of the assisted reproduction; and

      (c) The legal spouse or domestic partner never openly held out the child as his or her own.

      (Added to NRS by 2013, 807)

      NRS 126.700  Former spouse or former domestic partner not parent if marriage or partnership dissolved or terminated before transfer of eggs, sperm or embryos unless consented to in record; withdrawal of consent.

      1.  If a marriage or domestic partnership is dissolved or terminated before the transfer of eggs, sperm or embryos, the former spouse or former domestic partner is not a parent of the resulting child unless the former spouse or former domestic partner consented in a record that if assisted reproduction were to occur after a dissolution or termination, the former spouse or former domestic partner would be a parent of the child.

      2.  The consent of a person to assisted reproduction may be withdrawn by that person in a record at any time before placement of the eggs, sperm or embryos.

      (Added to NRS by 2013, 808)

      NRS 126.710  Gestational agreement: Conditions.

      1.  A prospective gestational carrier, her legal spouse or domestic partner if she is married or in a domestic partnership, a donor or the donors and the intended parent or parents may enter into a written agreement providing that:

      (a) The prospective gestational carrier agrees to pregnancy by means of assisted reproduction;

      (b) The prospective gestational carrier, her legal spouse or domestic partner if she is married or in a domestic partnership, and the donor or donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction; and

      (c) The intended parent or parents become the parent or parents of any resulting child.

      2.  If two persons are the intended parents, both of the intended parents must be parties to the gestational agreement.

      3.  A gestational agreement is enforceable only if it satisfies the requirements of NRS 126.750.

      4.  A gestational agreement may provide for payment of consideration pursuant to NRS 126.800 and 126.810.

      (Added to NRS by 2013, 808)

      NRS 126.720  Intended parent considered parent of child; exception; assumption of rights and obligations by parties of gestational carrier; court order validating gestational agreement.

      1.  If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750:

      (a) The intended parent or parents shall be considered the parent or parents of the resulting child immediately upon the birth of the child;

      (b) The resulting child shall be considered the child of the intended parent or parents immediately upon the birth of the child;

      (c) Parental rights vest in the intended parent or parents immediately upon the birth of the resulting child;

      (d) Sole legal and physical custody of the resulting child vest with the intended parent or parents immediately upon the birth of the child; and

      (e) Neither the gestational carrier nor her legal spouse or domestic partner, if any, shall be considered the parent of the resulting child.

      2.  If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750 and if, because of a laboratory error, the resulting child is not genetically related to the intended parent or either of the intended parents or any donor who donated to the intended parent or parents, the intended parent or parents shall be considered the parent or parents of the child, unless a determination to the contrary is made by a court of competent jurisdiction in an action which may only be brought by one or more genetic parents of the resulting child within 60 days after the birth of the child.

      3.  The parties to a gestational carrier arrangement shall assume the rights and obligations of subsections 1 and 2 if:

      (a) The gestational carrier satisfies the eligibility requirements set forth in subsection 1 of NRS 126.740;

      (b) The intended parent or parents satisfy the requirement set forth in subsection 2 of NRS 126.740; and

      (c) The gestational carrier arrangement occurs pursuant to a gestational agreement which meets the requirements set forth in NRS 126.750.

      4.  Before or after the birth of the resulting child, the intended parent or parents or the prospective gestational carrier or gestational carrier may commence a proceeding in any district court in this State to obtain an order designating the content of the birth certificate issued as provided in NRS 440.270 to 440.340, inclusive. If:

      (a) The resulting child is to be born in this State;

      (b) A copy of the gestational agreement is attached to the petition; and

      (c) The requirements of NRS 126.740 and 126.750 are satisfied,

Ê the court may issue an order validating the gestational agreement and declaring the intended parent or parents to be the parent or parents of the resulting child.

      (Added to NRS by 2013, 808)

      NRS 126.730  Confidentiality of proceedings, files and records pertaining to gestational carrier arrangement.

      1.  Except as otherwise provided in NRS 239.0115, all hearings held in a proceeding under NRS 126.710 to 126.810, inclusive, are confidential and must be held in closed court, without admittance of any person other than the parties to a gestational agreement, their witnesses and attorneys, except by order of the court.

      2.  The files and records pertaining to a gestational carrier arrangement, gestational agreement or proceeding under NRS 126.710 to 126.810, inclusive, are not open to inspection by any person except:

      (a) Upon an order of the court expressly so permitting pursuant to a petition setting forth the reasons therefor; or

      (b) As provided pursuant to subsection 3.

      3.  A person who intends to file a petition to enforce a gestational agreement may inspect the files or the records of the court concerning the gestational agreement.

      (Added to NRS by 2013, 809)

      NRS 126.740  Gestational carrier: Eligibility; legal consultation requirement for gestational carrier agreement.

      1.  A prospective gestational carrier is eligible to be a gestational carrier pursuant to NRS 126.710 to 126.810, inclusive, if, at the time the gestational agreement is executed, she:

      (a) Has completed a medical evaluation relating to the anticipated pregnancy;

      (b) Has undergone legal consultation with independent legal counsel regarding the terms of the gestational agreement and the potential legal consequences of the gestational carrier arrangement; and

      (c) Did not contribute any gametes that will ultimately result in an embryo that she will attempt to carry to term.

      2.  The intended parent or parents shall be deemed to have satisfied the requirements of NRS 126.710 to 126.810, inclusive, if, before the gestational carrier agreement is executed, he, she or they have undergone legal consultation with independent legal counsel regarding the terms of the gestational agreement and the potential legal consequences of the gestational carrier arrangement.

      (Added to NRS by 2013, 809)

      NRS 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.

      (Added to NRS by 2013, 810)

      NRS 126.760  Parent of child obligated to support child.

      1.  Any person who is considered to be the parent of a child under NRS 126.710 to 126.810, inclusive, is obligated to support the child.

      2.  The breach of the gestational agreement by the intended parent or parents does not relieve such an intended parent or parents of the obligation to support a resulting child.

      (Added to NRS by 2013, 811)

      NRS 126.770  Marriage or domestic partnership of gestational carrier after executing gestational agreement does not affect validity of agreement.  The marriage or domestic partnership of a gestational carrier after she executes a gestational agreement does not affect the validity of the gestational agreement and:

      1.  The consent of the legal spouse or domestic partner of the gestational carrier to the gestational agreement is not required.

      2.  The legal spouse or domestic partner of the gestational carrier must not be presumed to be the parent of any resulting child.

      (Added to NRS by 2013, 811)

      NRS 126.780  Gestational agreement: Noncompliance; authority of court to determine rights and obligations of parties to agreement.

      1.  A gestational carrier, her legal spouse or domestic partner, if any, or the intended parent or parents are in noncompliance when he, she or they breach any provision of the gestational agreement or fail to meet any of the requirements of NRS 126.710 to 126.810, inclusive.

      2.  In the event of noncompliance, a court of competent jurisdiction shall determine the respective rights and obligations of the parties to the gestational agreement based solely on the evidence of the original intent of the parties.

      3.  There must be no specific performance remedy available for breach of the gestational agreement by the gestational carrier that would require the gestational carrier to be impregnated.

      (Added to NRS by 2013, 811)

      NRS 126.790  Remedies of intended parents and gestational carrier.

      1.  Except as otherwise provided by NRS 126.780 or by an express term of the gestational agreement, the intended parent or parents are entitled to any remedy available at law or equity.

      2.  Except as expressly provided by an express term of the gestational agreement, the gestational carrier is entitled to any remedy available at law or equity.

      (Added to NRS by 2013, 811)

      NRS 126.800  Reimbursement of gestational carrier for expenses and economic losses.

      1.  A gestational carrier may receive reimbursement for expenses and economic losses resulting from participation in the gestational carrier arrangement.

      2.  A donor may receive reimbursement for expenses and economic losses resulting from the retrieval or storage of gametes or embryos and incurred after the donor has entered into a valid agreement in a record to be a donor.

      3.  Except as otherwise provided in subsection 4, economic losses occurring before the donor has entered into a valid agreement in a record to be a donor may not be reimbursed.

      4.  Any premiums paid for insurance against economic losses directly resulting from the retrieval or storage of gametes or embryos for donation may be reimbursed even if such premiums were paid before the donor entered into a valid agreement in a record, so long as such agreement becomes valid and effective before the gametes or embryos are used in assisted reproduction pursuant to the terms of the agreement.

      (Added to NRS by 2013, 812)

      NRS 126.810  Compensation of donor or prospective gestational carrier: Requirements.

      1.  The consideration, if any, paid to a donor or prospective gestational carrier must be negotiated in good faith between the parties.

      2.  Compensation must not be conditioned upon the purported quality or genome-related traits of the gametes or embryos.

      (Added to NRS by 2013, 812)

MISCELLANEOUS PROVISIONS

      NRS 126.900  Promise to furnish support for child: Enforcement; confidentiality.

      1.  Any promise in writing to furnish support for a child, growing out of a supposed or alleged parent and child relationship, does not require consideration and is enforceable according to its terms.

      2.  In the best interest of the child or the custodial parent, the court may, and upon the promisor’s request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise.

      (Added to NRS by 1979, 1276; A 1983, 1875)—(Substituted in revision for NRS 126.371)