ich-Vaughn-Blog-Nevada-Surrogacy

New Nevada Law Offers Clarity, Security for Intended Parents and Gestational Carriers

I am happy to announce that a new gestational surrogacy law, AB 421, authored by Kim Surratt of Surratt Law Practice, PC, and an Of Counsel attorney to IFLG, was signed by the Governor of Nevada on May 31 and will take effect October 1, 2013.

The new law, which will lay to rest a number of uncertainties that have been in Nevada surrogacy cases in recent months, will allow pre-birth orders or post-birth orders for all intended parents: single, gay, straight, and with or without a donor. The new law pertains only to gestational surrogacy—in which the surrogate is not genetically related to the child—and not to traditional surrogacy, in which the surrogate provides the ovum to be fertilized.

Under Nevada’s old law, intended parents were narrowly defined as a married couple whose egg and sperm were used to create the embryo. Under the new law, single individuals and both married and unmarried couples, including same-sex couples, can use a gestational surrogate. The new law specifically refers to domestic partners. Under the old law, compensation of a surrogate was illegal; AB 421 allows compensation of gestational carriers. The new law also specifically permits pre- or post-birth orders and provides instruction on obtaining them.

Previously Nevada law was silent on legal representation of parties to a surrogacy agreement. Under AB 421 separate legal representation for the parties to a gestational carrier agreement is required. As Kim notes, Nevada judges are alert to the number of attorneys who are not licensed in the state but nevertheless are attempting to represent parties in Nevada and have expressed a willingness to report out-of-state attorneys for unlawful practice of law. The new law also sets out specific elements that must be included in a Gestational Carrier Agreement and notes that such agreement must be in writing and be properly executed before beginning any medical procedures.

Although many of the “best practices” and legal requirements of the Uniform Parentage Act are mirrored in AB 421, the Nevada gestational surrogacy law was not modeled off of the UPA. Rather Kim drafted the law borrowing concepts from the UPA and other legislation around the country, and its passage was facilitated by the Nevada Justice Association.

We at IFLG are proud of our colleague Kim Surratt and congratulate the citizens of Nevada upon passage of this important and far-reaching piece of legislation. It will have a tremendous impact on thousands of intended parents, gay and straight, and is another step toward ensuring that all of our families are equally respected and protected under the law.

Here is a link to the actual language of the bill: http://www.leg.state.nv.us/Session/77th2013/Bills/AB/AB421_EN.pdf.

Rich Vaughn
Richard Vaughn
rich@iflg.net

Attorney Rich Vaughn is founder and principal of International Fertility Law Group, one of the world’s largest and best-known law firms focused exclusively on assisted reproductive technology, or ART, including in vitro fertilization (IVF), surrogacy, sperm donation or egg donation. Rich is co-author of the book “Developing A Successful Assisted Reproduction Technology Law Practice,” American Bar Association Publishing, 2017.

Peiya Wang
PEIYA WANG(王培娅)
Paralegal (律师助理)

Peiya Wang joined IFLG as a paralegal in 2015, where she manages surrogacy, egg donation and parental establishment cases and provides translation services for many of IFLG’s international clients. Peiya received her bachelor’s degree from Beijing Technologies and Business University, where she majored in Marketing. She moved to the United States in 2012 to attend Northeast University in Boston, Massachusetts, receiving a Master of Science degree in Global Studies and International Affairs in 2014. Peiya moved to Los Angeles in 2015 and received her paralegal certification from UCLA Extension. When away from the office, Peiya is a dragon boat paddler and a ballroom dancer, where she favors Rumbas and Cha-chas. She is fluent in Mandarin and English.

Luis Sosa
LUIS SOSA
Paralegal

Luis R. Sosa joined IFLG as a paralegal in 2016, where he enjoys pursuing his passion for family and reproductive law. While working toward his bachelor’s degree at Florida International University, Luis worked as a paralegal and legal assistant for family law litigation firms in Miami and Washington, D.C. As a paralegal and case manager for IFLG, Luis, who is bilingual in English and Spanish, manages surrogacy, egg donation and other reproductive law cases. In addition to spending time with husband Randy and dog Marty, Luis enjoys being outdoors and appreciating the arts.

Toni Hughes
TONI HUGES
Paralegal

After receiving her B.S. in Business Management, Toni joined IFLG to pursue her dream of working in the legal field. As a Paralegal with over 10 years of experience in the assisted reproduction technology field, Toni is our Managing Paralegal, responsible for training and managing our paralegal staff. From drafting legal documents to assisting our clients with post-birth matters, Toni embraces the challenge of learning something new in this field each day. Besides spending time with her son, Jordan, Toni enjoys exploring new things, cooking, spending time with family and friends, and serving as a Youth Advisor for “Next Generation.”

Miesha Cowart
MIESHA COWART
Financial Coordinator

Miesha Cowart joined IFLG as a financial specialist in 2014 following a successful career in development and business finance. Miesha previously worked for 10 years in the construction industry as a controller and for 13 years as Development Coordinator for the non-profit U.S. Fund for UNICEF. In her free time, Miesha works with “Next Generation” at her church. “They are my heartbeats!” she says of the youth in her community.

Kim
KIM DEVEREAUX
Paralegal

Kim has over 25 years of experience in the legal field and has worked exclusively in surrogacy and assisted reproduction law since 1999. Kim is a senior case manager of surrogacy and egg donation cases, and is also responsible for managing parental establishment cases and interacting with IFLG’s Of Counsel attorneys across the country. With three children of her own, Kim understands the importance of family and finds working in this area of law a rewarding experience.

Rich Vaughn
RICHARD B. VAUGHN
Founder

Attorney Rich Vaughn combined his personal passion as a father of twin boys born via assisted reproductive technology (ART) with more than 20 years of experience in business and technology law to build International Fertility Law Group. Today IFLG is one of the most successful and best-known law firms in the world focused exclusively on fertility law, helping thousands of intended parents through empathetic listening, compassionate guidance, and unmatched legal expertise. As an advocate for reproductive freedom, Rich also contributes his knowledge and time to improving the understanding and practice of ART law, most recently as a founder of and speaker at the first Cambridge University International Surrogacy Symposium held in June 2019, as immediate past chair of the American Bar Association ART Committee, and as a popular presenter to law schools, faculty and advocacy organizations all over the world.

Elizabeth Tamayo
ELIZABETH TAMAYO
Paralegal

Elizabeth received her Bachelors of Science degree in Criminal Justice from California State University of Los Angeles. Shortly after graduating, she continued her education at the University of California, Los Angeles where she obtained her Paralegal certificate. Elizabeth is fluent in Spanish and has been in the legal field since 2009. She is excited to be a part of the IFLG Team helping families realize their dreams.

Sunny Chien
SUNNY CHIEN
Paralegal

Sunny joined IFLG as a paralegal in 2017, where she manages surrogacy, egg donation and parental establishment cases for many of IFLG’s international clients. She holds a Bachelor of Arts degree in Philosophy from California State University of Los Angeles, where she graduated cum laude. Sunny is bilingual in English and Mandarin and has extensive experience as a legal assistant and paralegal at Los Angeles-area law firms. She is excited to be part of the IFLG team. In her spare time, Sunny enjoys spending time with her family and their dog, going to the beach, cooking, and being outdoors.

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Molly O'Brien
MOLLY O'BRIEN
Partner

Fertility law attorney Molly O’Brien began working in the field of assisted reproduction technology (ART) in 2005, at an egg donation agency and a surrogacy agency where she became familiar with all aspects of in-vitro fertilization, egg donation and the financial aspects of surrogacy. Since becoming an attorney in 2011, Molly has drafted and negotiated surrogacy, egg donation, sperm donation embryo donation agreements for hundreds of her clients all over the world.