(Reprinted with amendments adopted on May 24, 2023)
SECOND REPRINT A.B. 371
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ASSEMBLY BILL NO. 371–ASSEMBLYWOMEN COHEN,
BACKUS; AND BILBRAY-AXELROD
MARCH 22, 2023
____________
JOINT SPONSOR: SENATOR OHRENSCHALL
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes relating to parentage.
(BDR 11-140)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to parentage; adopting provisions of the Uniform
Parentage Act; revising provisions relating to the
establishment of a parent and child relationship and the
presumption of parentage; establishing provisions
concerning the voluntary acknowledgment of parentage and
denial of parentage by certain persons; authorizing the State
Board of Health to adopt regulations relating to an
acknowledgment of parentage or denial of parentage;
establishing provisions governing genetic testing in
proceedings to adjudicate parentage; establishing and
revising various provisions relating to proceedings to
adjudicate parentage; authorizing a person who claims to be
a de facto parent of a child to be adjudicated as a parent of
the child in certain circumstances; authorizing a court to
adjudicate a child to have more than two parents in certain
circumstances; establishing and revising provisions relating
to assisted reproduction and gestational agreements;
providing for the right of a gestational carrier to make all
health care decisions regarding the gestational carrier and the
pregnancy of the gestational carrier; repealing various
provisions relating to parentage; providing a penalty; and
providing other matters properly relating thereto.
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Legislative Counsel’s Digest:
Existing law sets forth provisions governing parentage and the establishment of 1
parent and child relationships. (Chapter 126 of NRS) Sections 28-91 of this bill 2
generally replace such provisions with provisions modeled after those of the 3
Uniform Parentage Act (hereinafter “UPA”), adopted by the Uniform Law 4
Commission in 2017. Sections 4-26 of this bill define terms for the purposes of 5
chapter 126 of NRS that are modeled after the definitions of the terms used in the 6
UPA. 7
Existing law provides the manners in which the legal relationship of a mother 8
and child can be established, including: (1) except in the case of a gestational 9
agreement, proof that a woman gave birth to a child; (2) an adjudication that a 10
woman is the mother of a child; (3) proof that a woman has adopted a child; (4) an 11
unrebutted presumption of a woman’s maternity; (5) the consent of a woman to 12
assisted reproduction that resulted in the birth of a child; or (6) an adjudication 13
confirming a woman as a parent of a child born to a gestational carrier. (NRS 14
126.041) Existing law also provides the manners in which the legal relationship of 15
a father and child can be established, including: (1) an adjudication that a man is 16
the father of a child; (2) proof that a man has adopted a child; (3) the consent of a 17
man to assisted reproduction that resulted in the birth of a child; (4) an adjudication 18
confirming a man as a parent of a child born to a gestational carrier; (5) a 19
presumption of paternity that arises if a man was married to or cohabiting with the 20
natural mother of a child or resides with and holds out a child as his natural child; 21
(6) genetic testing establishing a man as the father of a child; or (7) a voluntary 22
acknowledgment of paternity by a man. (NRS 126.041, 126.051, 126.053) Section 23
34 of this bill uses the gender-neutral language of the UPA to set forth the 24
circumstances in which a parent and child relationship is established between a 25
person and a child. Similarly, section 37 of this bill uses the gender-neutral 26
language of the UPA to establish the circumstances in which a person is presumed 27
to be a parent of a child. 28
Sections 38-51 of this bill establish provisions modeled after those of the UPA 29
relating to the voluntary acknowledgment or voluntary denial of parentage by 30
certain persons, including provisions relating to the requirements for, rescission of 31
and challenge to an acknowledgment of parentage or denial of parentage. Section 32
42 of this bill provides that, unless an acknowledgment of parentage or denial of 33
parentage is rescinded or challenged, such an acknowledgment of parentage or 34
denial of parentage that meets all requirements of law and is filed with the State 35
Registrar of Vital Statistics is equivalent to an adjudication of the parentage of a 36
child or the nonparentage of a person, respectively. Section 43 of this bill prohibits 37
the State Registrar of Vital Statistics from charging a fee for filing an 38
acknowledgment of parentage or denial of parentage, and section 51 of this bill 39
authorizes the State Board of Health to adopt any necessary regulations relating to 40
an acknowledgment of parentage or denial of parentage. 41
Existing law provides that in an action to determine paternity, a court is 42
authorized or required, depending on the circumstances, to order genetic testing of 43
a mother, child, alleged father or any other person. (NRS 126.121) Sections 52-68 44
of this bill establish various provisions modeled after those of the UPA concerning 45
genetic testing, including: (1) the limitation on the use of genetic testing; (2) the 46
authority to order, facilitate or deny genetic testing; (3) the requirements of genetic 47
testing; (4) reports and costs of genetic testing; (5) additional genetic testing when a 48
result is contested; (6) genetic testing when a specimen is not available from an 49
alleged genetic parent; and (7) genetic testing of a deceased person or identical 50
sibling. Section 68 of this bill provides that a person commits a misdemeanor if, 51
without proper authority, he or she intentionally releases an identifiable specimen 52
of another person collected for genetic testing for a purpose not relevant to a 53
proceeding regarding parentage. 54
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Existing law establishes various provisions relating to an action to determine 55
paternity or maternity. (NRS 126.071-126.231) Sections 69-89 of this bill replace 56
several of those provisions with provisions modeled after those of the UPA 57
governing proceedings to adjudicate parentage. Existing law provides that if an 58
action to determine paternity is brought before the birth of a child, all proceedings 59
are generally required to be stayed until after the birth of the child. (NRS 126.071) 60
Section 84 of this bill instead authorizes a proceeding to adjudicate parentage to be 61
commenced and an order or judgment to be entered before the birth of a child, but 62
requires enforcement of the order or judgment to be stayed until after the birth of 63
the child. 64
Existing law does not bar an action to determine paternity until 3 years after a 65
child reaches the age of majority. (NRS 126.081) Sections 75 and 76 of this bill 66
instead provide that a proceeding to determine whether an alleged genetic parent or 67
presumed parent, respectively, is a parent of a child may be commenced after the 68
child becomes an adult if the child initiates the proceeding. 69
Existing law requires that an informal hearing be held after an action to 70
determine paternity has been brought and further requires a court to attempt to 71
resolve the issues raised in the action during the pretrial hearing. (NRS 126.111) 72
Section 136 of this bill repeals the provisions relating to such a pretrial hearing, as 73
the UPA does not require any such pretrial hearing to be conducted. 74
Section 77 of this bill authorizes a person who claims to be a de facto parent of 75
a child to commence a proceeding to establish parentage of the child if the child is 76
alive and less than 18 years of age. Section 77 provides that a person who claims to 77
be a de facto parent of a child must be adjudicated as a parent of the child if there is 78
only one other person who is a parent or has a claim to parentage of the child and 79
the person who claims to be a de facto parent can demonstrate certain facts by clear 80
and convincing evidence. Section 81 of this bill authorizes a court to adjudicate a 81
child to have more than two parents if the court finds that failure to recognize more 82
than two parents would be detrimental to the child. 83
Existing law establishes provisions concerning assisted reproduction and 84
gestational surrogacy. (NRS 126.500-126.810) This bill establishes only certain 85
provisions modeled after those of the UPA relating to such matters. Section 92 of 86
this bill establishes provisions relating to the parental status of certain persons who 87
die before a child is conceived by assisted reproduction. Section 93 of this bill 88
authorizes a party to a gestational agreement to terminate the agreement at any time 89
before an embryo transfer or, if an embryo transfer does not result in pregnancy, at 90
any time before a subsequent embryo transfer. 91
Existing law requires that a gestational agreement provide for the express 92
written agreement of the gestational carrier to undergo embryo or gamete transfer 93
and attempt to carry and give birth to any resulting child. (NRS 126.750) Section 94
107 of this bill requires that a gestational agreement also provide for the express 95
written agreement of the gestational carrier and any legal spouse or domestic 96
partner of the gestational carrier to acknowledge that each intended parent is the 97
legal and physical custodian of any resulting child. Section 107 also specifies that a 98
gestational carrier has the right to make all health and welfare decisions regarding 99
the gestational carrier and the pregnancy of the gestational carrier, including 100
whether to: (1) consent to a cesarean section or the transfer of multiple embryos; 101
(2) use the services of a health care practitioner chosen by the gestational carrier; 102
(3) terminate or continue the pregnancy; and (4) reduce or retain the number of 103
fetuses or embryos carried by the gestational carrier. Section 107 further provides 104
that any provision in a gestational agreement that contradicts such a right is void 105
and unenforceable. 106
Existing law provides that the subsequent marriage or domestic partnership of a 107
gestational carrier after the execution of a gestational agreement does not affect the 108
validity of the agreement. (NRS 126.770) Section 108 of this bill provides that the 109
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subsequent marriage, domestic partnership or divorce of any party to a gestational 110
agreement does not affect the validity of the agreement unless the agreement 111
expressly provides otherwise. 112
Existing law provides that if a gestational carrier breaches a gestational 113
agreement, a specific performance remedy that would require the gestational carrier 114
to be impregnated is prohibited. (NRS 126.780) Section 109 of this bill instead 115
provides that specific performance is not an available remedy with regard to a 116
gestational agreement except to enforce any provision in the agreement that is 117
necessary to enable the intended parents to exercise the full rights of parentage 118
immediately upon the birth of the child, if the intended parents are being prevented 119
from exercising such rights. 120
Sections 98-106 of this bill make various other changes to the provisions of 121
existing law concerning assisted reproduction and gestational surrogacy. 122
Section 136 repeals provisions of existing law that are not necessary because of 123
the establishment of the provisions modeled after those of the UPA in sections 124
28-91. 125
Sections 1, 94-97, 110-133 and 136 of this bill make conforming changes to 126
reflect the revisions made to existing law because of the establishment of the 127
provisions modeled after those of the UPA in sections 28-91 and the repeal of 128
unnecessary provisions in section 136. 129
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125C.003 is hereby amended to read as 1
follows: 2
125C.003 [1.] A court may award primary physical custody 3
to a parent if the court determines that joint physical custody is not 4
in the best interest of a child. An award of joint physical custody is 5
presumed not to be in the best interest of the child if: 6
[(a)] 1. The court determines by substantial evidence that a 7
parent is unable to adequately care for a minor child for at least 146 8
days of the year; 9
[(b) A child is born out of wedlock and the provisions of 10
subsection 2 are applicable;] or 11
[(c)] 2. Except as otherwise provided in subsection 6 of NRS 12
125C.0035 or NRS 125C.210, there has been a determination by the 13
court after an evidentiary hearing and finding by clear and 14
convincing evidence that a parent has engaged in one or more acts 15
of domestic violence against the child, a parent of the child or any 16
other person residing with the child. The presumption created by 17
this [paragraph] subsection is a rebuttable presumption. 18
[2. A court may award primary physical custody of a child 19
born out of wedlock to: 20
(a) The mother of the child if: 21
(1) The mother has not married the father of the child; 22
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(2) A judgment or order of a court, or a judgment or order 1
entered pursuant to an expedited process, determining the paternity 2
of the child has not been entered; and 3
(3) The father of the child: 4
(I) Is not subject to any presumption of paternity under 5
NRS 126.051; 6
(II) Has never acknowledged paternity pursuant to NRS 7
126.053; or 8
(III) Has had actual knowledge of his paternity but has 9
abandoned the child. 10
(b) The father of the child if: 11
(1) The mother has abandoned the child; and 12
(2) The father has provided sole care and custody of the child 13
in her absence. 14
3. As used in this section: 15
(a) “Abandoned” means that a mother or father has: 16
(1) Failed, for a continuous period of not less than 6 months, 17
to provide substantial personal and economic support to the child; or 18
(2) Knowingly declined, for a continuous period of not less 19
than 6 months, to have any meaningful relationship with the child. 20
(b) “Expedited process” has the meaning ascribed to it in 21
NRS 126.161.] 22
Sec. 2. Chapter 126 of NRS is hereby amended by adding 23
thereto the provisions set forth as sections 3 to 93, inclusive, of this 24
act. 25
Sec. 3. As used in this chapter, unless the context otherwise 26
requires, the words and terms defined in sections 4 to 26, 27
inclusive, of this act have the meanings ascribed to them in those 28
sections. 29
Sec. 4. “Acknowledged parent” means a person who has 30
established a parent and child relationship under sections 38 to 31
51, inclusive, of this act. 32
Sec. 5. “Adjudicated parent” means a person who has been 33
adjudicated to be a parent of a child by a court with jurisdiction. 34
Sec. 6. “Alleged genetic parent” means a person who is 35
alleged to be, or alleges that the person is, a genetic parent or 36
possible genetic parent of a child whose parentage has not been 37
adjudicated. The term includes an alleged genetic father and 38
alleged genetic mother. The term does not include: 39
1. A presumed parent; 40
2. A person whose parental rights have been terminated or 41
declared not to exist; or 42
3. A donor. 43
Sec. 7. “Assisted reproduction” means a method of causing 44
pregnancy other than sexual intercourse. The term includes: 45
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1. Intrauterine or intracervical insemination; 1
2. Donation of gametes; 2
3. Donation of embryos; 3
4. In vitro fertilization and transfer of embryos; and 4
5. Intracytoplasmic sperm injection. 5
Sec. 8. “Birth” includes stillbirth. 6
Sec. 9. “Child” means a person of any age whose parentage 7
may be determined under sections 28 to 91, inclusive, of this act. 8
Sec. 10. “Child support agency” means a governmental 9
entity, public official or private agency authorized to provide 10
parentage-establishment services under Title IV-D of the Social 11
Security Act, 42 U.S.C. §§ 651 to 669, inclusive. 12
Sec. 11. “Custodial parent” means a parent who has been 13
awarded physical custody of a child or, if no award of physical 14
custody has been made by a court, the parent with whom the child 15
resides. 16
Sec. 12. “Determination of parentage” means establishment 17
of a parent and child relationship by a judicial or administrative 18
proceeding or signing of a valid acknowledgment of parentage 19
under sections 38 to 51, inclusive, of this act. 20
Sec. 13. “Donor” means a person who provides gametes 21
intended for use in assisted reproduction, whether or not for 22
consideration. The term does not include: 23
1. A person who gives birth to a child conceived by assisted 24
reproduction, except as otherwise provided in NRS 126.500 to 25
126.810, inclusive, and sections 92 and 93 of this act; or 26
2. A parent or an intended parent under NRS 126.500 to 27
126.810, inclusive, and sections 92 and 93 of this act. 28
Sec. 14. “Gamete” means a sperm or egg. 29
Sec. 15. “Genetic testing” means an analysis of genetic 30
markers to identify or exclude a genetic relationship. 31
Sec. 16. “Intended parent” means a person, married or 32
unmarried, or in or not in a domestic partnership, who manifests 33
an intent to be legally bound as a parent of a child conceived by 34
assisted reproduction. 35
Sec. 17. “Parent” means a person who has established a 36
parent and child relationship under section 34 of this act. 37
Sec. 18. “Parentage” or “parent and child relationship” 38
means the legal relationship between a child and a parent of the 39
child. 40
Sec. 19. “Person” means a natural person of any age. 41
Sec. 20. “Presumed parent” means a person who under 42
section 37 of this act is presumed to be a parent of a child, unless 43
the presumption is overcome in a judicial proceeding, a valid 44
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denial of parentage is made under sections 38 to 51, inclusive, of 1
this act or a court adjudicates the person to be a parent. 2
Sec. 21. “Record” means information that is inscribed on a 3
tangible medium or that is stored in an electronic or other medium 4
and is retrievable in perceivable form. 5
Sec. 22. “Sign” means, with present intent to authenticate or 6
adopt a record: 7
1. To execute or adopt a tangible symbol; or 8
2. To attach to or logically associate with the record an 9
electronic symbol, sound or process. 10
Sec. 23. “Signatory” means a person who signs a record. 11
Sec. 24. “State” means a state of the United States, the 12
District of Columbia, Puerto Rico, the United States Virgin 13
Islands or any territory or insular possession under the 14
jurisdiction of the United States. The term includes a federally 15
recognized Indian tribe. 16
Sec. 25. “Transfer” means a procedure for assisted 17
reproduction by which an embryo is placed in the body of the 18
person who will give birth to the child. 19
Sec. 26. “Witnessed” means that at least one person who is 20
authorized to sign has signed a record to verify that the person 21
personally observed a signatory sign the record. 22
Sec. 27. As used in this chapter, unless the context otherwise 23
requires, any reference to the father of a child or the mother of a 24
child includes a parent of any gender, and any reference to 25
paternity is equally applicable to parentage. 26
Sec. 28. Sections 28 to 91, inclusive, of this act may be cited 27
as the Uniform Parentage Act (2017). 28
Sec. 29. 1. Sections 28 to 91, inclusive, of this act apply to 29
an adjudication or determination of parentage. 30
2. Sections 28 to 91, inclusive, of this act do not create, affect, 31
enlarge or diminish parental rights or duties under law of this 32
State other than sections 28 to 91, inclusive, of this act. 33
Sec. 30. Each district court may adjudicate parentage under 34
sections 28 to 91, inclusive, of this act. 35
Sec. 31. In any proceeding in which a court of this State has 36
jurisdiction to determine the parentage of a child, the court shall 37
apply the law of this State to adjudicate parentage. The applicable 38
law does not depend on: 39
1. The place of birth of the child; or 40
2. The past or present residence of the child. 41
Sec. 32. A proceeding under sections 28 to 91, inclusive, of 42
this act is subject to law of this State other than sections 28 to 91, 43
inclusive, of this act which governs the health, safety, privacy and 44
liberty of a child or other person who could be affected by 45
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disclosure of information that could identify the child or other 1
person, including, without limitation, address, telephone number, 2
digital contact information, place of employment, social security 3
number and the child’s day care facility or school. 4
Sec. 33. To the extent practicable, a provision of sections 28 5
to 91, inclusive, of this act applicable to a father and child 6
relationship applies to a mother and child relationship and a 7
provision of sections 28 to 91, inclusive, of this act applicable to a 8
mother and child relationship applies to a father and child 9
relationship. 10
Sec. 34. A parent and child relationship is established 11
between a person and a child if: 12
1. The person gives birth to the child, except as otherwise 13
provided in NRS 126.500 to 126.810, inclusive, and sections 92 14
and 93 of this act; 15
2. There is a presumption under section 37 of this act of the 16
person’s parentage of the child, unless the presumption is 17
overcome in a judicial proceeding or a valid denial of parentage is 18
made under sections 38 to 51, inclusive, of this act; 19
3. The person is adjudicated a parent of the child by a court 20
of this State or any other state; 21
4. The person adopts the child; 22
5. The person acknowledges parentage of the child under 23
sections 38 to 51, inclusive, of this act, unless the acknowledgment 24
is rescinded under section 45 of this act or successfully challenged 25
under sections 38 to 51, inclusive, or 69 to 89, inclusive, of this 26
act; or 27
6. The person’s parentage of the child is established under 28
NRS 126.500 to 126.810, inclusive, and sections 92 and 93 of this 29
act. 30
Sec. 35. A parent and child relationship extends equally to 31
every child and parent, regardless of the marital status of the 32
parent. 33
Sec. 36. Unless parental rights are terminated, a parent and 34
child relationship established under sections 28 to 91, inclusive, of 35
this act applies for all purposes. 36
Sec. 37. 1. A person is presumed to be a parent of a child 37
if: 38
(a) Except as otherwise provided under NRS 126.500 to 39
126.810, inclusive, and sections 92 and 93 of this act or law of this 40
State other than sections 28 to 91, inclusive, of this act: 41
(1) The person and the person who gave birth to the child 42
are married to or in a domestic partnership with each other and 43
the child is born during the marriage or domestic partnership, 44
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whether the marriage or domestic partnership is or could be 1
declared invalid; 2
(2) The person and the person who gave birth to the child 3
were married to or in a domestic partnership with each other and 4
the child is born not later than 300 days after the marriage or 5
domestic partnership is terminated by death, divorce, dissolution, 6
annulment or declaration of invalidity, or after a decree of 7
separation or separate maintenance, whether the marriage or 8
domestic partnership is or could be declared invalid; or 9
(3) The person and the person who gave birth to the child 10
married or entered into a domestic partnership with each other 11
after the birth of the child, whether the marriage or domestic 12
partnership is or could be declared invalid, the person at any time 13
asserted parentage of the child, and: 14
(I) The assertion is in a record filed with the State 15
Registrar of Vital Statistics; or 16
(II) The person agreed to be and is named as a parent of 17
the child on the birth certificate of the child; or 18
(b) The person resided in the same household with the child 19
for the first 2 years of the life of the child, including any period of 20
temporary absence, and openly held out the child as the person’s 21
child. 22
2. A presumption of parentage under this section may be 23
overcome, and competing claims to parentage may be resolved, 24
only by an adjudication under sections 69 to 89, inclusive, of this 25
act or a valid denial of parentage under sections 38 to 51, 26
inclusive, of this act. 27
Sec. 38. A person who gave birth to a child and an alleged 28
genetic parent of the child, intended parent under NRS 126.500 to 29
126.810, inclusive, and sections 92 and 93 of this act, or presumed 30
parent may sign an acknowledgment of parentage to establish the 31
parentage of the child. 32
Sec. 39. 1. An acknowledgment of parentage under section 33
38 of this act must: 34
(a) Be in a record signed by the person who gave birth to the 35
child and by the person seeking to establish a parent and child 36
relationship, and the signatures must be attested by an electronic 37
notary public or other notarial officer or signed by at least one 38
witness; 39
(b) State that the child whose parentage is being 40
acknowledged: 41
(1) Does not have a presumed parent other than the person 42
seeking to establish the parent and child relationship or has a 43
presumed parent whose full name is stated; and 44
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(2) Does not have another acknowledged parent, 1
adjudicated parent or person who is a parent of the child under 2
NRS 126.500 to 126.810, inclusive, and sections 92 and 93 of this 3
act other than the person who gave birth to the child; and 4
(c) State that the signatories understand that the 5
acknowledgement is the equivalent of an adjudication of 6
parentage of the child and that a challenge to the acknowledgment 7
is permitted only under limited circumstances and is barred 2 8
years after the effective date of the acknowledgment. 9
2. An acknowledgment of parentage is void if, at the time of 10
signing: 11
(a) A person other than the person seeking to establish 12
parentage is a presumed parent, unless a denial of parentage by 13
the presumed parent in a signed record is filed with the State 14
Registrar of Vital Statistics; or 15
(b) A person, other than the person who gave birth to the child 16
or the person seeking to establish parentage, is an acknowledged 17
or adjudicated parent or a parent under NRS 126.500 to 126.810, 18
inclusive, and sections 92 and 93 of this act. 19
Sec. 40. A presumed parent or alleged genetic parent may 20
sign a denial of parentage in a record. The denial of parentage is 21
valid only if: 22
1. An acknowledgment of parentage by another person is 23
filed under section 42 of this act; 24
2. The signature of the presumed parent or alleged genetic 25
parent is attested by an electronic notary public or other notarial 26
officer or signed by at least one witness; and 27
3. The presumed parent or alleged genetic parent has not 28
previously: 29
(a) Completed a valid acknowledgment of parentage for the 30
same child, unless the previous acknowledgment was rescinded 31
under section 45 of this act or challenged successfully under 32
section 46 of this act; or 33
(b) Been adjudicated to be a parent of the child. 34
Sec. 41. 1. An acknowledgment of parentage and a denial 35
of parentage may be contained in a single document or may be in 36
counterparts and may be filed with the State Registrar of Vital 37
Statistics separately or simultaneously. If filing of the 38
acknowledgment and denial both are required under sections 28 to 39
91, inclusive, of this act, neither is effective until both are filed. 40
2. An acknowledgment of parentage or denial of parentage 41
may only be signed after the birth of the child. 42
3. Subject to subsection 1, an acknowledgment of parentage 43
or denial of parentage takes effect on the filing of the document 44
with the State Registrar of Vital Statistics. 45
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4. An acknowledgment of parentage or denial of parentage 1
signed by a person who is a minor is valid if the acknowledgment 2
complies with sections 28 to 91, inclusive, of this act. 3
Sec. 42. 1. Except as otherwise provided in sections 45 and 4
46 of this act, an acknowledgment of parentage that complies with 5
sections 38 to 51, inclusive, of this act and is filed with the State 6
Registrar of Vital Statistics is equivalent to an adjudication of 7
parentage of the child and confers on the acknowledged parent all 8
rights and duties of a parent. 9
2. Except as otherwise provided in sections 45 and 46 of this 10
act, a denial of parentage by a presumed parent or alleged genetic 11
parent which complies with sections 38 to 51, inclusive, of this act 12
and is filed with the State Registrar of Vital Statistics with an 13
acknowledgment of parentage that complies with sections 38 to 51, 14
inclusive, of this act is equivalent to an adjudication of the 15
nonparentage of the presumed parent or alleged genetic parent 16
who signed the denial and discharges the presumed parent or 17
alleged genetic parent who signed the denial from all rights and 18
duties of a parent. 19
Sec. 43. The State Registrar of Vital Statistics may not 20
charge a fee for filing an acknowledgment of parentage or denial 21
of parentage. 22
Sec. 44. A court conducting a judicial proceeding or an 23
administrative agency conducting an administrative proceeding is 24
not required or permitted to ratify an unchallenged 25
acknowledgment of parentage. A court may determine that a 26
person who signed an acknowledgment of parentage is a parent in 27
a later proceeding based on other grounds. 28
Sec. 45. 1. A signatory may rescind an acknowledgment of 29
parentage or denial of parentage by filing with the State Registrar 30
of Vital Statistics a rescission in a signed record which is attested 31
by an electronic notary public or notarial officer or signed by at 32
least one witness, before the earlier of: 33
(a) Sixty days after the effective date under section 41 of this 34
act of the acknowledgment or denial; or 35
(b) The date of the first hearing before a court in a proceeding, 36
to which the signatory is a party, to adjudicate an issue relating to 37
the child, including a proceeding that establishes support. 38
2. If an acknowledgment of parentage is rescinded under 39
subsection 1, an associated denial of parentage is invalid, and the 40
State Registrar of Vital Statistics shall notify the person who gave 41
birth to the child and the person who signed a denial of parentage 42
of the child that the acknowledgment has been rescinded. Failure 43
to give the notice required by this subsection does not affect the 44
validity of the rescission. 45
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Sec. 46. 1. After the period for rescission under section 45 1
of this act expires, but not later than 2 years after the effective date 2
under section 41 of this act of an acknowledgment of parentage or 3
denial of parentage, a signatory of the acknowledgment or denial 4
may commence a proceeding to challenge the acknowledgment or 5
denial only on the basis of fraud, duress or material mistake of 6
fact. 7
2. A challenge to an acknowledgment of parentage or denial 8
of parentage by a person who was not a signatory to the 9
acknowledgment or denial is governed by section 78 of this act. 10
Sec. 47. 1. Every signatory to an acknowledgment of 11
parentage and any related denial of parentage must be made a 12
party to a proceeding to challenge the acknowledgment or denial. 13
2. By signing an acknowledgment of parentage or denial of 14
parentage, a signatory submits to personal jurisdiction in this 15
State in a proceeding to challenge the acknowledgment or denial, 16
effective on the filing of the acknowledgment or denial with the 17
State Registrar of Vital Statistics. 18
3. The court may not suspend the legal responsibilities 19
arising from an acknowledgment of parentage, including the duty 20
to pay child support, during the pendency of a proceeding to 21
challenge the acknowledgment or a related denial of parentage, 22
unless the party challenging the acknowledgment or denial shows 23
good cause. 24
4. A party challenging an acknowledgment of parentage or 25
denial of parentage has the burden of proof. 26
5. If the court determines that a party has satisfied the burden 27
of proof under subsection 4, the court shall order the State 28
Registrar of Vital Statistics to amend the birth record of the child 29
to reflect the legal parentage of the child. 30
6. A proceeding to challenge an acknowledgment of 31
parentage or denial of parentage must be conducted under 32
sections 69 to 89, inclusive, of this act. 33
Sec. 48. The court shall give full faith and credit to an 34
acknowledgment of parentage or denial of parentage effective in 35
another state if the acknowledgment or denial was in a signed 36
record and otherwise complies with the law of the other state. 37
Sec. 49. A valid acknowledgment of parentage or denial of 38
parentage is not affected by a later modification of the declaration 39
developed by the State Board of Health pursuant to NRS 440.285. 40
Sec. 50. 1. The State Registrar of Vital Statistics may 41
release information relating to an acknowledgment of parentage 42
or denial of parentage to a signatory of the acknowledgment or 43
denial, a court, federal agency, agency which provides child 44
welfare services and child support agency of this or another state. 45
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2. As used in this section, “agency which provides child 1
welfare services” has the meaning ascribed to it in NRS 432B.030. 2
Sec. 51. The State Board of Health may adopt any 3
regulations that are necessary to implement sections 38 to 51, 4
inclusive, of this act. 5
Sec. 52. As used in sections 52 to 68, inclusive, of this act, 6
unless the context otherwise requires, the words and terms defined 7
in sections 53 to 57, inclusive, of this act have the meanings 8
ascribed to them in those sections. 9
Sec. 53. “Combined relationship index” means the product 10
of all tested relationship indices. 11
Sec. 54. “Ethnic or racial group” means, for the purpose of 12
genetic testing, a recognized group that a person identifies as the 13
person’s ancestry or part of the ancestry or that is identified by 14
other information. 15
Sec. 55. “Hypothesized genetic relationship” means an 16
asserted genetic relationship between a person and a child. 17
Sec. 56. “Probability of parentage” means, for the ethnic or 18
racial group to which a person alleged to be a parent belongs, the 19
probability that a hypothesized genetic relationship is supported, 20
compared to the probability that a genetic relationship is 21
supported between the child and a random person of the ethnic or 22
racial group used in the hypothesized genetic relationship, 23
expressed as a percentage incorporating the combined 24
relationship index and a prior probability. 25
Sec. 57. “Relationship index” means a likelihood ratio that 26
compares the probability of a genetic marker given a hypothesized 27
genetic relationship and the probability of the genetic marker 28
given a genetic relationship between the child and a random 29
person of the ethnic or racial group used in the hypothesized 30
genetic relationship. 31
Sec. 58. 1. Sections 52 to 68, inclusive, of this act govern 32
genetic testing of a person in a proceeding to adjudicate 33
parentage, whether the person: 34
(a) Voluntarily submits to testing; or 35
(b) Is tested under an order of the court or as a result of the 36
facilitation of a child support agency. 37
2. Genetic testing may not be used: 38
(a) To challenge the parentage of a person who is a parent 39
under NRS 126.500 to 126.810, inclusive, and sections 92 and 93 40
of this act; or 41
(b) To establish the parentage of a person who is a donor. 42
Sec. 59. 1. Except as otherwise provided in sections 52 to 43
68, inclusive, or 69 to 89, inclusive, of this act, in a proceeding 44
under sections 28 to 91, inclusive, of this act to determine 45
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parentage, the court shall order the child and any other person to 1
submit to genetic testing if a request for testing is supported by the 2
sworn statement of a party: 3
(a) Alleging a reasonable possibility that the person is the 4
child’s genetic parent; or 5
(b) Denying genetic parentage of the child and stating facts 6
establishing a reasonable possibility that the person is not a 7
genetic parent. 8
2. A child support agency may facilitate genetic testing only if 9
there is no acknowledged or adjudicated parent of a child other 10
than the person who gave birth to the child. 11
3. The court may not order, and a child support agency may 12
not facilitate, in utero genetic testing. 13
4. If two or more persons are subject to court-ordered genetic 14
testing, the court may order that testing be completed concurrently 15
or sequentially. 16
5. Genetic testing of a person who gave birth to a child is not 17
a condition precedent to testing of the child and a person whose 18
genetic parentage of the child is being determined. If the person 19
who gave birth to the child is unavailable or declines to submit to 20
genetic testing, the court may order genetic testing of the child and 21
each person whose genetic parentage of the child is being 22
adjudicated. 23
6. In a proceeding to adjudicate the parentage of a child 24
having a presumed parent or a person who claims to be a parent 25
under section 77 of this act, or to challenge an acknowledgment of 26
parentage, the court may deny a motion for genetic testing of the 27
child and any other person after considering the factors in 28
subsections 1 and 2 of section 81 of this act. 29
7. If a person requesting genetic testing is barred under 30
sections 69 to 89, inclusive, of this act from establishing the 31
person’s parentage, the court shall deny the request for genetic 32
testing. 33
8. An order under this section for genetic testing is 34
enforceable by contempt. 35
Sec. 60. 1. Genetic testing must be of a type reasonably 36
relied on by experts in the field of genetic testing and performed in 37
a testing laboratory accredited by: 38
(a) The AABB, formerly known as the American Association 39
of Blood Banks, or a successor to its functions; or 40
(b) An accrediting body designated by the Secretary of the 41
United States Department of Health and Human Services. 42
2. A specimen used in genetic testing may consist of a sample 43
or a combination of samples of blood, buccal cells, bone, hair or 44
other body tissue or fluid. The specimen used in the testing need 45
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not be of the same kind for each person undergoing genetic 1
testing. 2
3. Based on the ethnic or racial group of a person 3
undergoing genetic testing, a testing laboratory shall determine 4
the databases from which to select frequencies for use in 5
calculating a relationship index. If a person or a child support 6
agency objects to the laboratory’s choice, the following rules 7
apply: 8
(a) Not later than 30 days after receipt of the report of the test, 9
the objecting person or child support agency may request the court 10
to require the laboratory to recalculate the relationship index 11
using an ethnic or racial group different from that used by the 12
laboratory. 13
(b) The person or the child support agency objecting to the 14
laboratory’s choice under this subsection shall: 15
(1) If the requested frequencies are not available to the 16
laboratory for the ethnic or racial group requested, provide the 17
requested frequencies compiled in a manner recognized by 18
accrediting bodies; or 19
(2) Engage another laboratory to perform the calculations. 20
(c) The laboratory may use its own statistical estimate if there 21
is a question which ethnic or racial group is appropriate. The 22
laboratory shall calculate the frequencies using statistics, if 23
available, for any other ethnic or racial group requested. 24
4. If, after recalculation of the relationship index under 25
subsection 3 using a different ethnic or racial group, genetic 26
testing under section 62 of this act does not identify a person as a 27
genetic parent of a child, the court may require a person who has 28
been tested to submit to additional genetic testing to identify a 29
genetic parent. 30
Sec. 61. 1. A report of genetic testing must be in a record 31
and signed under penalty of perjury by a designee of the testing 32
laboratory. A report complying with the requirements of sections 33
52 to 68, inclusive, of this act is self-authenticating. 34
2. Documentation from a testing laboratory of the following 35
information is sufficient to establish a reliable chain of custody 36
and allow the results of genetic testing to be admissible without 37
testimony: 38
(a) The name and photograph of each person whose specimen 39
has been taken; 40
(b) The name of the person who collected each specimen; 41
(c) The place and date each specimen was collected; 42
(d) The name of the person who received each specimen in the 43
testing laboratory; and 44
(e) The date each specimen was received. 45
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Sec. 62. 1. Subject to a challenge under subsection 2, a 1
person is identified under sections 28 to 91, inclusive, of this act as 2
a genetic parent of a child if genetic testing complies with sections 3
52 to 68, inclusive, of this act and the results of the testing 4
disclose: 5
(a) The person has at least a 99 percent probability of 6
parentage, using a prior probability of 0.50, as calculated by using 7
the combined relationship index obtained in the testing; and 8
(b) A combined relationship index of at least 100 to 1. 9
2. A person identified under subsection 1 as a genetic parent 10
of the child may challenge the genetic testing results only by other 11
genetic testing satisfying the requirements of sections 52 to 68, 12
inclusive, of this act which: 13
(a) Excludes the person as a genetic parent of the child; or 14
(b) Identifies another person as a possible genetic parent of the 15
child other than: 16
(1) The person who gave birth to the child; or 17
(2) The person identified under subsection 1. 18
3. Except as otherwise provided in section 67 of this act, if 19
more than one person other than the person who gave birth to the 20
child is identified by genetic testing as a possible genetic parent of 21
the child, the court shall order each person to submit to further 22
genetic testing to identify a genetic parent. 23
Sec. 63. 1. Subject to assessment of fees under sections 69 24
to 89, inclusive, of this act, payment of the cost of initial genetic 25
testing must be made in advance: 26
(a) By the person who made the request for genetic testing; 27
(b) As agreed by the parties; or 28
(c) As ordered by the court. 29
2. If the cost of genetic testing is paid by a child support 30
agency, the agency may seek reimbursement from the genetic 31
parent whose parent and child relationship is established. 32
Sec. 64. The court shall order, or a child support agency may 33
facilitate, additional genetic testing on request of a person who 34
contests the result of the initial testing under section 62 of this act. 35
If initial genetic testing under section 62 of this act identified a 36
person as a genetic parent of the child, the court may not order, 37
and a child support agency may not facilitate, additional testing 38
unless the contesting person pays for the testing in advance. 39
Sec. 65. 1. Subject to subsection 2, if a genetic-testing 40
specimen is not available from an alleged genetic parent of a 41
child, a person seeking genetic testing demonstrates good cause 42
and the court finds that the circumstances are just, the court may 43
order any of the following persons to submit specimens for genetic 44
testing: 45
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(a) A parent of the alleged genetic parent; 1
(b) A sibling of the alleged genetic parent; 2
(c) Another child of the alleged genetic parent and the person 3
who gave birth to the other child; and 4
(d) Another relative of the alleged genetic parent necessary to 5
complete genetic testing. 6
2. To issue an order under this section, the court must find 7
that a need for genetic testing outweighs the legitimate interests of 8
the person sought to be tested. 9
Sec. 66. If a person seeking genetic testing demonstrates 10
good cause, the court may order genetic testing of a deceased 11
person. 12
Sec. 67. 1. If the court finds there is reason to believe that 13
an alleged genetic parent has an identical sibling and evidence 14
that the sibling may be a genetic parent of the child, the court may 15
order genetic testing of the sibling. 16
2. If more than one sibling is identified under section 62 of 17
this act as a genetic parent of the child, the court may rely on 18
nongenetic evidence to adjudicate which sibling is a genetic parent 19
of the child. 20
Sec. 68. 1. Release of a report of genetic testing for 21
parentage is controlled by law of this State other than sections 28 22
to 91, inclusive, of this act. 23
2. A person who intentionally releases an identifiable 24
specimen of another person collected for genetic testing under 25
sections 52 to 68, inclusive, of this act for a purpose not relevant to 26
a proceeding regarding parentage, without a court order or written 27
permission of the person who furnished the specimen, commits a 28
misdemeanor. 29
Sec. 69. 1. A proceeding may be commenced to adjudicate 30
the parentage of a child. Except as otherwise provided in sections 31
28 to 91, inclusive, of this act, the proceeding is governed by the 32
Nevada Rules of Civil Procedure. 33
2. A proceeding to adjudicate the parentage of a child born 34
under a gestational agreement is governed by NRS 126.500 to 35
126.810, inclusive, and sections 92 and 93 of this act. 36
3. As used in this section, “gestational agreement” has the 37
meaning ascribed to it in NRS 126.570. 38
Sec. 70. Except as otherwise provided in sections 38 to 51, 39
inclusive, and 76 to 79, inclusive, of this act, a proceeding to 40
adjudicate parentage may be maintained by: 41
1. The child; 42
2. The person who gave birth to the child, unless a court has 43
adjudicated that the person who gave birth to the child is not a 44
parent; 45
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3. A person who is a parent under sections 28 to 91, inclusive, 1
of this act; 2
4. A person whose parentage of the child is to be adjudicated; 3
5. A child support agency or other governmental agency 4
authorized by law of this State other than sections 28 to 91, 5
inclusive, of this act; 6
6. An adoption agency authorized by law of this State other 7
than sections 28 to 91, inclusive, of this act or licensed child-8
placing agency; 9
7. A representative authorized by law of this State other than 10
sections 28 to 91, inclusive, of this act to act for a person who 11
otherwise would be entitled to maintain a proceeding but is 12
deceased, incapacitated or a minor; or 13
8. An agency which provides child welfare services in a 14
proceeding pursuant to chapter 432B of NRS. As used in this 15
subsection, “agency which provides child welfare services” has the 16
meaning ascribed to it in NRS 432B.030. 17
Sec. 71. 1. The petitioner shall give notice of a proceeding 18
to adjudicate parentage to the following persons, if the 19
whereabouts of the person are known: 20
(a) The person who gave birth to the child, unless a court has 21
adjudicated that the person who gave birth to the child is not a 22
parent; 23
(b) A person who is a parent of the child under sections 28 to 24
91, inclusive, of this act; 25
(c) A presumed, acknowledged or adjudicated parent of the 26
child; and 27
(d) A person whose parentage of the child is to be adjudicated. 28
2. A person entitled to notice under subsection 1 has a right 29
to intervene in the proceeding. 30
3. Lack of notice required by subsection 1 does not render a 31
judgment void. Lack of notice does not preclude a person entitled 32
to notice under subsection 1 from bringing a proceeding under 33
subsection 2 of section 79 of this act. 34
Sec. 72. 1. The court may adjudicate a person’s parentage 35
of a child only if the court has personal jurisdiction over the 36
person. 37
2. A court of this State with jurisdiction to adjudicate 38
parentage may exercise personal jurisdiction over a nonresident if 39
the conditions prescribed in NRS 130.201 are satisfied. 40
3. Lack of jurisdiction over one person does not preclude the 41
court from making an adjudication of parentage binding on 42
another person. 43
Sec. 73. Venue for a proceeding to adjudicate parentage is in 44
the county of this State in which: 45
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1. The child resides or is located; 1
2. If the child does not reside in this State, the respondent 2
resides or is located; 3
3. A proceeding has been commenced for administration of 4
the estate of a person who is or may be a parent under sections 28 5
to 91, inclusive, of this act; or 6
4. A proceeding has been commenced to protect a child from 7
abuse or neglect pursuant to chapter 432B of NRS. 8
Sec. 74. 1. Except as otherwise provided in subsection 2 of 9
section 58 of this act, the court shall admit a report of genetic 10
testing ordered by the court under section 59 of this act as 11
evidence of the truth of the facts asserted in the report. 12
2. A party may object to the admission of a report described 13
in subsection 1, not later than 14 days after the party receives the 14
report. The party shall cite specific grounds for exclusion. 15
3. A party that objects to the results of genetic testing may 16
call a genetic-testing expert to testify in person or by another 17
method approved by the court. Unless the court orders otherwise, 18
the party offering the testimony bears the expense for the expert 19
testifying. 20
4. Admissibility of a report of genetic testing is not affected by 21
whether the testing was performed: 22
(a) Voluntarily, under an order of the court or as a result of 23
the facilitation of a child support agency; or 24
(b) Before, on or after commencement of the proceeding. 25
Sec. 75. 1. A proceeding to determine whether an alleged 26
genetic parent who is not a presumed parent is a parent of a child 27
may be commenced: 28
(a) Before the child becomes an adult; or 29
(b) After the child becomes an adult, but only if the child 30
initiates the proceeding. 31
2. This subsection applies in a proceeding described in 32
subsection 1 if the person who gave birth to the child is the only 33
other person with a claim to parentage of the child. The court 34
shall adjudicate an alleged genetic parent to be a parent of the 35
child if the alleged genetic parent: 36
(a) Is identified under section 62 of this act as a genetic parent 37
of the child and the identification is not successfully challenged 38
under section 62 of this act; 39
(b) Admits parentage in a pleading, when making an 40
appearance or during a hearing, the court accepts the admission 41
and the court determines the alleged genetic parent to be a parent 42
of the child; 43
(c) Declines to submit to genetic testing ordered by the court or 44
facilitated by a child support agency, in which case the court may 45
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adjudicate the alleged genetic parent to be a parent of the child 1
even if the alleged genetic parent denies a genetic relationship 2
with the child; 3
(d) Is in default after service of process and the court 4
determines the alleged genetic parent to be a parent of the child; 5
or 6
(e) Is neither identified nor excluded as a genetic parent by 7
genetic testing and, based on other evidence, the court determines 8
the alleged genetic parent to be a parent of the child. 9
3. Subject to other limitations in sections 74 to 81, inclusive, 10
of this act, if in a proceeding involving an alleged genetic parent, 11
at least one other person in addition to the person who gave birth 12
to the child has a claim to parentage of the child, the court shall 13
adjudicate parentage under section 81 of this act. 14
Sec. 76. 1. A proceeding to determine whether a presumed 15
parent is a parent of a child may be commenced: 16
(a) Before the child becomes an adult; or 17
(b) After the child becomes an adult, but only if the child 18
initiates the proceeding. 19
2. A presumption of parentage under section 37 of this act 20
cannot be overcome after the child attains 2 years of age unless 21
the court determines: 22
(a) The presumed parent is not a genetic parent, never resided 23
with the child and never held out the child as the presumed 24
parent’s child; or 25
(b) The child has more than one presumed parent. 26
3. The following rules apply in a proceeding to adjudicate a 27
presumed parent’s parentage of a child if the person who gave 28
birth to the child is the only other person with a claim to parentage 29
of the child: 30
(a) If no party to the proceeding challenges the presumed 31
parent’s parentage of the child, the court shall adjudicate the 32
presumed parent to be a parent of the child. 33
(b) If the presumed parent is identified under section 62 of this 34
act as a genetic parent of the child and that identification is not 35
successfully challenged under section 62 of this act, the court 36
shall adjudicate the presumed parent to be a parent of the child. 37
(c) If the presumed parent is not identified under section 62 of 38
this act as a genetic parent of the child and the presumed parent 39
or the person who gave birth to the child challenges the presumed 40
parent’s parentage of the child, the court shall adjudicate the 41
parentage of the child in the best interest of the child based on the 42
factors under subsections 1 and 2 of section 81 of this act. 43
4. Subject to other limitations in sections 74 to 81, inclusive, 44
of this act, if in a proceeding to adjudicate a presumed parent’s 45
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parentage of a child, another person in addition to the person who 1
gave birth to the child asserts a claim to parentage of the child, the 2
court shall adjudicate parentage under section 81 of this act. 3
Sec. 77. 1. A proceeding to establish parentage of a child 4
under this section may be commenced only by a person who: 5
(a) Is alive when the proceeding is commenced; and 6
(b) Claims to be a de facto parent of the child. 7
2. A person who claims to be a de facto parent of a child must 8
commence a proceeding to establish parentage of a child under 9
this section: 10
(a) Before the child attains 18 years of age; and 11
(b) While the child is alive. 12
3. The following rules govern standing of a person who 13
claims to be a de facto parent of a child to maintain a proceeding 14
under this section: 15
(a) The person must file an initial verified pleading alleging 16
specific facts that support the claim to parentage of the child 17
asserted under this section. The verified pleading must be served 18
on all parents and legal guardians of the child and any other party 19
to the proceeding. 20
(b) An adverse party, parent or legal guardian may file a 21
pleading in response to the pleading filed under paragraph (a). A 22
responsive pleading must be verified and must be served on parties 23
to the proceeding. 24
(c) Unless the court finds a hearing is necessary to determine 25
disputed facts material to the issue of standing, the court shall 26
determine, based on the pleadings under paragraphs (a) and (b), 27
whether the person has alleged facts sufficient to satisfy by a 28
preponderance of the evidence the requirements of paragraphs (a) 29
to (g), inclusive, of subsection 4. If the court holds a hearing 30
under this subsection, the hearing must be held on an expedited 31
basis. 32
4. In a proceeding to adjudicate parentage of a person who 33
claims to be a de facto parent of the child, if there is only one 34
other person who is a parent or has a claim to parentage of the 35
child, the court shall adjudicate the person who claims to be a de 36
facto parent to be a parent of the child if the person demonstrates 37
by clear and convincing evidence that: 38
(a) The person resided with the child as a regular member of 39
the child’s household for a significant period; 40
(b) The person engaged in consistent caretaking of the child; 41
(c) The person undertook full and permanent responsibilities 42
of a parent of the child without expectation of financial 43
compensation; 44
(d) The person held out the child as the person’s child; 45
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(e) The person established a bonded and dependent 1
relationship with the child which is parental in nature; 2
(f) Another parent of the child fostered or supported the 3
bonded and dependent relationship required under paragraph (e); 4
and 5
(g) Continuing the relationship between the person and the 6
child is in the best interest of the child. 7
5. Subject to other limitations in sections 74 to 81, inclusive, 8
of this act, if in a proceeding to adjudicate parentage of a person 9
who claims to be a de facto parent of the child, there is more than 10
one other person who is a parent or has a claim to parentage of 11
the child and the court determines that the requirements of 12
subsection 4 are satisfied, the court shall adjudicate parentage 13
under section 81 of this act. 14
Sec. 78. 1. If a child has an acknowledged parent, a 15
proceeding to challenge the acknowledgment of parentage or a 16
denial of parentage, brought by a signatory to the 17
acknowledgment or denial, is governed by sections 46 and 47 of 18
this act. 19
2. If a child has an acknowledged parent, the following rules 20
apply in a proceeding to challenge the acknowledgment of 21
parentage or a denial of parentage brought by a person, other 22
than the child, who has standing under section 70 of this act and 23
was not a signatory to the acknowledgment or denial: 24
(a) The person must commence the proceeding not later than 2 25
years after the effective date of the acknowledgment. 26
(b) The court may permit the proceeding only if the court finds 27
permitting the proceeding is in the best interest of the child. 28
(c) If the court permits the proceeding, the court shall 29
adjudicate parentage under section 80 of this act. 30
Sec. 79. 1. If a child has an adjudicated parent, a 31
proceeding to challenge the adjudication, brought by a person who 32
was a party to the adjudication or received notice under section 71 33
of this act, is governed by the rules governing a collateral attack 34
on a judgment. 35
2. If a child has an adjudicated parent, the following rules 36
apply to a proceeding to challenge the adjudication of parentage 37
brought by a person, other than the child, who has standing under 38
section 70 of this act and was not a party to the adjudication and 39
did not receive notice under section 71 of this act: 40
(a) The person must commence the proceeding not later than 2 41
years after the effective date of the adjudication. 42
(b) The court may permit the proceeding only if the court finds 43
permitting the proceeding is in the best interest of the child. 44
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(c) If the court permits the proceeding, the court shall 1
adjudicate parentage under section 81 of this act. 2
Sec. 80. 1. A person who is a parent under NRS 126.500 to 3
126.810, inclusive, and sections 92 and 93 of this act or the person 4
who gave birth to the child may bring a proceeding to adjudicate 5
parentage. If the court determines the person is a parent under 6
NRS 126.500 to 126.810, inclusive, and sections 92 and 93 of this 7
act, the court shall adjudicate the person to be a parent of the 8
child. 9
2. In a proceeding to adjudicate a person’s parentage of a 10
child, if another person other than the person who gave birth to 11
the child is a parent under NRS 126.500 to 126.810, inclusive, and 12
sections 92 and 93 of this act, the court shall adjudicate the 13
person’s parentage of the child under section 81 of this act. 14
Sec. 81. 1. In a proceeding to adjudicate competing claims 15
of, or challenges under subsection 3 of section 76 of this act or 16
section 78 or 79 of this act, to parentage of a child by two or more 17
persons, the court shall adjudicate parentage in the best interest of 18
the child, based on: 19
(a) The age of the child; 20
(b) The length of time during which each person assumed the 21
role of parent of the child; 22
(c) The nature of the relationship between the child and each 23
person; 24
(d) The harm to the child if the relationship between the child 25
and each person is not recognized; 26
(e) The basis for each person’s claim to parentage of the child; 27
and 28
(f) Other equitable factors arising from the disruption of the 29
relationship between the child and each person or the likelihood of 30
other harm to the child. 31
2. If a person challenges parentage based on the results of 32
genetic testing, in addition to the factors listed in subsection 1, the 33
court shall consider: 34
(a) The facts surrounding the discovery the person might not 35
be a genetic parent of the child; and 36
(b) The length of time between the time that the person was 37
placed on notice that the person might not be a genetic parent and 38
the commencement of the proceeding. 39
3. The court may adjudicate a child to have more than two 40
parents under sections 28 to 91, inclusive, of this act if the court 41
finds that failure to recognize more than two parents would be 42
detrimental to the child. A finding of detriment to the child does 43
not require a finding of unfitness of any parent or person seeking 44
an adjudication of parentage. In determining detriment to the 45
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child, the court shall consider all relevant factors, including the 1
harm if the child is removed from a stable placement with a person 2
who has fulfilled the child’s physical needs and psychological 3
needs for care and affection and has assumed the role for a 4
substantial period. 5
Sec. 82. 1. In a proceeding under sections 69 to 89, 6
inclusive, of this act, the court may issue a temporary order for 7
child support if the order is consistent with the law of this State 8
other than sections 28 to 91, inclusive, of this act and the person 9
ordered to pay support is: 10
(a) A presumed parent of the child; 11
(b) Petitioning to be adjudicated a parent; 12
(c) Identified as a genetic parent through genetic testing under 13
section 62 of this act; 14
(d) An alleged genetic parent who has declined to submit to 15
genetic testing; 16
(e) Shown by clear and convincing evidence to be a parent of 17
the child; or 18
(f) A parent under sections 28 to 91, inclusive, of this act. 19
2. A temporary order may include a provision for custody and 20
visitation under law of this State other than sections 28 to 91, 21
inclusive, of this act. 22
Sec. 83. 1. Except as otherwise provided in subsection 2, 23
the court may combine a proceeding to adjudicate parentage 24
under sections 28 to 91, inclusive, of this act with a proceeding for 25
adoption, termination of parental rights, protection of a child from 26
abuse or neglect pursuant to chapter 432B of NRS, child custody 27
or visitation, child support, divorce, dissolution, annulment, 28
declaration of invalidity, legal separation or separate 29
maintenance, administration of an estate or other appropriate 30
proceeding. 31
2. A respondent may not combine a proceeding described in 32
subsection 1 with a proceeding to adjudicate parentage brought 33
under NRS 130.0902 to 130.802, inclusive. 34
Sec. 84. Except as otherwise provided in NRS 126.500 to 35
126.810, inclusive, and sections 92 and 93 of this act, a proceeding 36
to adjudicate parentage may be commenced before the birth of the 37
child and an order or judgment may be entered before birth, but 38
enforcement of the order or judgment must be stayed until the 39
birth of the child. 40
Sec. 85. 1. A minor child is a permissive party but not a 41
necessary party to a proceeding under sections 69 to 89, inclusive, 42
of this act. 43
2. The court shall appoint a guardian ad litem to represent a 44
child in a proceeding under sections 69 to 89, inclusive, of this act 45
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if the court finds that the interests of the child are not adequately 1
represented. 2
Sec. 86. The court shall adjudicate parentage of a child 3
without a jury. 4
Sec. 87. The court may dismiss a proceeding under sections 5
28 to 91, inclusive, of this act for want of prosecution only without 6
prejudice. An order of dismissal for want of prosecution 7
purportedly with prejudice is void and has only the effect of a 8
dismissal without prejudice. 9
Sec. 88. 1. An order adjudicating parentage must identify 10
the child in a manner provided by law of this State other than 11
sections 28 to 91, inclusive, of this act. 12
2. Except as otherwise provided in subsection 3, the court 13
may assess filing fees, reasonable attorney’s fees, fees for genetic 14
testing, other costs and necessary travel and other reasonable 15
expenses incurred in a proceeding under sections 69 to 89, 16
inclusive, of this act. Attorney’s fees awarded under this 17
subsection may be paid directly to the attorney, and the attorney 18
may enforce the order in the attorney’s own name. 19
3. The court may not assess fees, costs or expenses in a 20
proceeding under sections 69 to 89, inclusive, of this act against a 21
child support agency of this State or another state, except as 22
provided by law of this State other than sections 28 to 91, 23
inclusive, of this act. 24
4. In a proceeding under sections 69 to 89, inclusive, of this 25
act, a copy of a bill for genetic testing or prenatal or postnatal 26
health care for the person who gave birth to the child and the 27
child, that is provided to the adverse party, excluding a child 28
support agency, not later than 10 days before a hearing, is 29
admissible to establish: 30
(a) The amount of the charge billed; and 31
(b) That the charge is reasonable and necessary. 32
5. On request of a party and for good cause, the court in a 33
proceeding under sections 69 to 89, inclusive, of this act may order 34
the name of the child changed. If the court order changing the 35
name varies from the name on the birth certificate of the child, the 36
court shall order the State Registrar of Vital Statistics to issue an 37
amended birth certificate. 38
Sec. 89. 1. Except as otherwise provided in subsection 2: 39
(a) A signatory to an acknowledgment of parentage or denial 40
of parentage is bound by the acknowledgment and denial as 41
provided in sections 38 to 51, inclusive, of this act; and 42
(b) A party to an adjudication of parentage by a court acting 43
under circumstances that satisfy the jurisdiction requirements of 44
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NRS 130.201 and any person who received notice of the 1
proceeding are bound by the adjudication. 2
2. A child is not bound by a determination of parentage under 3
sections 28 to 91, inclusive, of this act unless: 4
(a) The determination was based on an unrescinded 5
acknowledgment of parentage and the acknowledgment is 6
consistent with the results of genetic testing; 7
(b) The determination was based on a finding consistent with 8
the results of genetic testing, and the consistency is declared in the 9
determination or otherwise shown; 10
(c) The determination of parentage was made under NRS 11
126.500 to 126.810, inclusive, and sections 92 and 93 of this act; 12
or 13
(d) The child was a party or was represented by a guardian ad 14
litem in the proceeding. 15
3. In a proceeding for divorce, dissolution, annulment, 16
declaration of invalidity, legal separation or separate 17
maintenance, the court is deemed to have made an adjudication of 18
parentage of a child if the court acts under circumstances that 19
satisfy the jurisdiction requirements of NRS 130.201 and the final 20
order: 21
(a) Expressly identifies the child as a “child of the marriage” 22
or “issue of the marriage” or includes similar words indicating 23
that both spouses are parents of the child; or 24
(b) Provides for support of the child by a spouse or domestic 25
partner unless that spouse’s or domestic partner’s parentage of 26
the child is disclaimed specifically in the order. 27
4. Except as otherwise provided in subsection 2 or section 79 28
of this act, a determination of parentage may be asserted as a 29
defense in a subsequent proceeding seeking to adjudicate 30
parentage of a person who was not a party to the earlier 31
proceeding. 32
5. A party to an adjudication of parentage may challenge the 33
adjudication only under law of this State other than sections 28 to 34
91, inclusive, of this act relating to appeal, vacation of judgment 35
or other judicial review. 36
Sec. 90. In applying and construing this uniform act, 37
consideration must be given to the need to promote uniformity of 38
the law with respect to its subject matter among states that enact it. 39
Sec. 91. Sections 28 to 91, inclusive, of this act modify, limit 40
and supersede the Electronic Signatures in Global and National 41
Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit 42
or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or 43
authorize electronic delivery of any of the notices described in 44
Section 103(b) of that act, 15 U.S.C. § 7003(b). 45
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Sec. 92. 1. If a person who intends to be a parent of a child 1
conceived by assisted reproduction dies during the period between 2
the transfer of a gamete or embryo and the birth of the child, the 3
person’s death does not preclude the establishment of the person’s 4
parentage of the child if the person otherwise would be a parent of 5
the child under sections 28 to 91, inclusive, of this act. 6
2. If a person who consented in a record to assisted 7
reproduction by a person who agreed to give birth to a child dies 8
before a transfer of gametes or embryos, the deceased person is a 9
parent of a child conceived by the assisted reproduction only if: 10
(a) Either: 11
(1) The person consented in a record that if assisted 12
reproduction were to occur after the death of the person, the 13
person would be a parent of the child; or 14
(2) The person’s intent to be a parent of a child conceived 15
by assisted reproduction after the person’s death is established by 16
clear and convincing evidence; and 17
(b) Either: 18
(1) The embryo is in utero not later than 36 months after 19
the person’s death; or 20
(2) The child is born not later than 45 months after the 21
person’s death. 22
3. An intended parent is not a parent of a child conceived by 23
assisted reproduction under a gestational agreement if the 24
intended parent dies before the transfer of a gamete or embryo 25
unless: 26
(a) The agreement provides otherwise; and 27
(b) The transfer of a gamete or embryo occurs not later than 28
36 months after the death of the intended parent or birth of the 29
child occurs not later than 45 months after the death of the 30
intended parent. 31
Sec. 93. 1. A party to a gestational agreement may 32
terminate the agreement, at any time before an embryo transfer, 33
by giving notice of termination in a record to all other parties. If 34
an embryo transfer does not result in a pregnancy, a party may 35
terminate the agreement at any time before a subsequent embryo 36
transfer. 37
2. Unless a gestational agreement provides otherwise, on 38
termination of the agreement under subsection 1, the parties are 39
released from the agreement, except that each intended parent 40
remains responsible for expenses that are reimbursable under the 41
agreement and incurred by the gestational carrier through the 42
date of termination. 43
3. Except in a case involving fraud, neither a gestational 44
carrier nor the gestational carrier’s spouse, domestic partner or 45
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former spouse or domestic partner, if any, is liable to the intended 1
parent or parents for a penalty or liquidated damages, for 2
terminating a gestational agreement under this section. 3
Sec. 94. NRS 126.151 is hereby amended to read as follows: 4
126.151 1. [An action under this chapter is a civil action 5
governed by the Nevada Rules of Civil Procedure. The mother of 6
the child and the alleged father are competent to testify and may be 7
compelled to testify. Subsections 3 and 4 of NRS 126.111 and NRS 8
126.121 and 126.131 apply. 9
2.] In an action against an alleged [father,] genetic parent, 10
evidence offered by the alleged [father] genetic parent with respect 11
to [a man] another person who is not subject to the jurisdiction of 12
the court concerning that [man’s] person’s sexual intercourse with 13
the [mother] person who gave birth to the child at or about the 14
probable time of conception of the child is admissible in evidence 15
only if the alleged [father] genetic parent has undergone and made 16
available to the court [blood tests or tests for genetic identification,] 17
the results of genetic testing performed pursuant to sections 52 to 18
68, inclusive, of this act which show a probability less than 99 19
percent that the alleged [father] genetic parent is [the father] a 20
genetic parent of the child. 21
[3.] 2. The trial must be by the court without a jury. 22
Sec. 95. NRS 126.161 is hereby amended to read as follows: 23
126.161 1. A judgment or order of a court, or a judgment or 24
order entered pursuant to an expedited process, determining the 25
existence or nonexistence of the relationship of parent and child is 26
determinative for all purposes. 27
2. If such a judgment or order of this State is at variance with 28
the child’s birth certificate, the judgment or order must direct that a 29
new birth certificate be issued as provided in NRS 440.270 to 30
440.340, inclusive. 31
3. If the child is a minor, such a judgment or order of this State 32
must provide for the child’s support as required by chapter 125B of 33
NRS and must include an order directing the withholding or 34
assignment of income for the payment of the support unless: 35
(a) One of the parties demonstrates and good cause is found by 36
the court, or pursuant to the expedited process, for the postponement 37
of the withholding or assignment; or 38
(b) All parties otherwise agree in writing. 39
4. Such a judgment or order of this State may: 40
(a) Contain any other provision directed against the appropriate 41
party to the proceeding, concerning the duty of support, the custody 42
and guardianship of the child, visitation with the child, the 43
furnishing of bond or other security for the payment of the 44
judgment, or any other matter in the best interest of the child. 45
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(b) Direct [the father] a parent to pay the reasonable expenses of 1
the [mother’s] pregnancy and confinement [.] of the person who 2
gave birth to the child. The court may limit the [father’s] liability of 3
a parent for past support of the child to the proportion of the 4
expenses already incurred which the court deems just. 5
5. A court that enters such a judgment or order shall ensure that 6
the social security numbers of the [mother and father] parents are: 7
(a) Provided to the Division of Welfare and Supportive Services 8
of the Department of Health and Human Services. 9
(b) Placed in the records relating to the matter and, except as 10
otherwise required to carry out a specific statute, maintained in a 11
confidential manner. 12
6. A judgment or order issued pursuant to this chapter within a 13
proceeding held pursuant to chapter 432B of NRS: 14
(a) Is not subject to the provisions relating to the confidentiality 15
of judgments or orders set forth in chapter 432B of NRS; and 16
(b) Is a final order. 17
7. As used in this section, “expedited process” means [a 18
voluntary acknowledgment of paternity developed by the State 19
Board of Health pursuant to NRS 440.283,] a voluntary 20
acknowledgment of parentage developed by the State Board of 21
Health pursuant to NRS 440.285, judicial procedure or an 22
administrative procedure established by this or another state, as that 23
term is defined in NRS 130.10179, to facilitate the collection of an 24
obligation for the support of a child. 25
Sec. 96. NRS 126.201 is hereby amended to read as follows: 26
126.201 1. [At the pretrial hearing and in further 27
proceedings,] In any proceeding held pursuant to this chapter, any 28
party may be represented by counsel. If a party is financially unable 29
to obtain counsel, the court may appoint counsel to represent that 30
party with respect to the determination of the existence or 31
nonexistence of the parent and child relationship and the duty of 32
support, including , without limitation , the expenses of the 33
[mother’s] pregnancy and confinement [,] of the person who gave 34
birth to the child, medical expenses for the birth of the child and 35
support of the child from birth until trial. 36
2. If a party is financially unable to pay the cost of a transcript, 37
the court shall furnish on request a transcript for purposes of appeal. 38
Sec. 97. NRS 126.291 is hereby amended to read as follows: 39
126.291 1. Proceedings to compel support by a 40
nonsupporting parent may be brought in accordance with this 41
chapter. They are not exclusive of other proceedings. The court may 42
assess the usual filing fees, charges or court costs against the 43
nonsupporting parent and shall enforce their collection with the 44
other provisions of the judgment. 45
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2. Except as otherwise provided in this subsection, when the 1
district attorney is requested to bring an action to compel support or 2
an action to determine [paternity,] parentage, the district attorney 3
may charge the requester a fee of not more than $20 for an 4
application. This fee may not be assessed against: 5
(a) The State of Nevada when acting as a party to an action 6
brought pursuant to this chapter. 7
(b) Any person or agency requesting services pursuant to 8
chapter 130 of NRS. 9
3. If the court finds that a parent and child relationship exists, it 10
may assess against the nonsupporting parent, in addition to any 11
support obligation ordered a reasonable collection fee. If the court 12
finds that the nonsupporting parent would experience a financial 13
hardship if required to pay the fee immediately, it may order that the 14
fee be paid in installments, each of which is not more than 25 15
percent of the support obligation for each month. 16
4. All fees collected pursuant to this section must be deposited 17
in the general fund of the county and an equivalent amount must be 18
allocated to augment the county’s program for the enforcement of 19
support obligations. 20
5. As used in this section, “nonsupporting parent” means the 21
parent of a child who has failed to provide an equitable share of 22
his or her child’s necessary maintenance, education and support. 23
Sec. 98. NRS 126.500 is hereby amended to read as follows: 24
126.500 As used in NRS 126.500 to 126.810, inclusive, and 25
sections 92 and 93 of this act, unless the context otherwise requires, 26
the words and terms defined in NRS [126.510] 126.520 to 27
[126.630,] 126.580, inclusive, have the meanings ascribed to them 28
in those sections. 29
Sec. 99. NRS 126.660 is hereby amended to read as follows: 30
126.660 1. A donor is not a parent of a child conceived by 31
means of assisted reproduction. 32
2. The consent of the spouse or domestic partner of a person 33
who wishes to be a donor is not required for the person to be a 34
donor. 35
Sec. 100. NRS 126.670 is hereby amended to read as follows: 36
126.670 A person who provides gametes for, or consents to, 37
assisted reproduction by [a woman,] the person giving birth to the 38
child as provided in NRS 126.680, with the intent to be a parent of 39
[her] the child , is a parent of the resulting child. 40
Sec. 101. NRS 126.680 is hereby amended to read as follows: 41
126.680 1. [Consent] Except as otherwise provided in 42
subsection 2, consent by a person who intends to be a parent of a 43
child born by assisted reproduction must be in a [declaration for the 44
voluntary acknowledgment of parentage, signed pursuant to NRS 45
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126.053.] record signed by the person giving birth to the child and 1
the person who intends to be a parent of the child. 2
2. Failure [of a person to sign a declaration for the voluntary 3
acknowledgment of parentage] to consent in a record as required 4
by subsection 1, before or after the birth of the child, does not 5
preclude a finding of parentage if [the woman and] the person [, 6
during] who intends to be a parent of the child or the person giving 7
birth to the child: 8
(a) Proves by clear and convincing evidence the existence of 9
an express agreement entered into by the person who intends to be 10
a parent of the child and the person giving birth to the child, 11
before the conception of the child, that the person who intends to 12
be a parent of the child and the person giving birth to the child 13
intended that they both would be parents of the child; or 14
(b) During the first 2 years of the child’s life, including any 15
period of temporary absence, resided together in the same 16
household with the child and openly held out the child as their own. 17
Sec. 102. NRS 126.690 is hereby amended to read as follows: 18
126.690 1. Except as otherwise provided in subsection 2, the 19
legal spouse or domestic partner of a [woman] person who gives 20
birth to a child by means of assisted reproduction may not challenge 21
the parentage of the child unless: 22
(a) Within 2 years after learning of the birth of the child, a 23
proceeding is commenced to adjudicate parentage; and 24
(b) The court finds that, before or after the birth of the child, the 25
legal spouse or domestic partner did not consent to the assisted 26
reproduction. 27
2. A proceeding to adjudicate parentage may be maintained at 28
any time if the court determines that: 29
(a) The legal spouse or domestic partner did not provide 30
gametes for, or consent to, the assisted reproduction by the person 31
who gave birth [;] to the child; 32
(b) The legal spouse or domestic partner and the [woman] 33
person who gave birth to the child have not cohabited since the 34
probable time of the assisted reproduction; and 35
(c) The legal spouse or domestic partner never openly held out 36
the child as his or her own. 37
Sec. 103. NRS 126.700 is hereby amended to read as follows: 38
126.700 1. If a marriage or domestic partnership is dissolved 39
or terminated before the transfer of [eggs, sperm or] embryos, the 40
former spouse or former domestic partner is not a parent of the 41
resulting child unless the former spouse or former domestic partner 42
consented in a record that if assisted reproduction were to occur 43
after a dissolution or termination, the former spouse or former 44
domestic partner would be a parent of the child. 45
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2. The consent of a person to assisted reproduction may be 1
withdrawn by that person in a record at any time before [placement] 2
transfer of the [eggs, sperm or] embryos. 3
Sec. 104. NRS 126.710 is hereby amended to read as follows: 4
126.710 1. A prospective gestational carrier, [her] the legal 5
spouse or domestic partner , if [she is married or in a domestic 6
partnership,] any, of the prospective gestational carrier, a donor or 7
the donors and the intended parent or parents may enter into a 8
written agreement providing that: 9
(a) The prospective gestational carrier agrees to pregnancy by 10
means of assisted reproduction; 11
(b) The prospective gestational carrier, [her] the legal spouse or 12
domestic partner , if [she is married or in a domestic partnership,] 13
any, of the prospective gestational carrier, and the donor or donors 14
relinquish all rights and duties as the parents of a child conceived 15
through assisted reproduction; and 16
(c) The intended parent or parents become the parent or parents 17
of any resulting child. 18
2. If two persons are the intended parents, both of the intended 19
parents must be parties to the gestational agreement. 20
3. A gestational agreement is enforceable only if it satisfies the 21
requirements of NRS 126.750. 22
4. A gestational agreement may provide for payment of 23
consideration pursuant to NRS 126.800 and 126.810. 24
Sec. 105. NRS 126.720 is hereby amended to read as follows: 25
126.720 Except as otherwise provided in section 92 of this 26
act: 27
1. If a gestational carrier arrangement satisfies the requirements 28
of NRS 126.740 and 126.750: 29
(a) The intended parent or parents shall be considered the parent 30
or parents of the resulting child immediately upon the birth of the 31
child; 32
(b) The resulting child shall be considered the child of the 33
intended parent or parents immediately upon the birth of the child; 34
(c) Parental rights vest in the intended parent or parents 35
immediately upon the birth of the resulting child; 36
(d) Sole legal and physical custody of the resulting child vest 37
with the intended parent or parents immediately upon the birth of 38
the child; and 39
(e) Neither the gestational carrier nor [her] the legal spouse or 40
domestic partner, if any, of the gestational carrier shall be 41
considered the parent of the resulting child. 42
2. If a gestational carrier arrangement satisfies the requirements 43
of NRS 126.740 and 126.750 and if, because of a laboratory error, 44
the resulting child is not genetically related to the intended parent or 45
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either of the intended parents or any donor who donated to the 1
intended parent or parents, the intended parent or parents shall be 2
considered the parent or parents of the child, unless a determination 3
to the contrary is made by a court of competent jurisdiction in an 4
action which may only be brought by one or more genetic parents of 5
the resulting child within 60 days after the birth of the child. 6
3. The parties to a gestational carrier arrangement shall assume 7
the rights and obligations of subsections 1 and 2 if: 8
(a) The gestational carrier satisfies the eligibility requirements 9
set forth in subsection 1 of NRS 126.740; 10
(b) The intended parent or parents satisfy the requirement set 11
forth in subsection 2 of NRS 126.740; and 12
(c) The gestational carrier arrangement occurs pursuant to a 13
gestational agreement which meets the requirements set forth in 14
NRS 126.750. 15
4. Before or after the birth of the resulting child, the intended 16
parent or parents or the prospective gestational carrier or gestational 17
carrier may commence a proceeding in any district court in this 18
State to obtain an order designating the content of the birth 19
certificate issued as provided in NRS 440.270 to 440.340, inclusive. 20
If: 21
(a) A copy of the gestational agreement is attached to the 22
petition; 23
(b) The requirements of NRS 126.740 and 126.750 are satisfied; 24
and 25
(c) Any of the following applies: 26
(1) The resulting child is anticipated to be born in this State; 27
(2) The resulting child was born in this State; 28
(3) The intended parent or parents reside in this State; 29
(4) The intended parent or parents resided in this State when 30
the gestational agreement was executed; 31
(5) The gestational carrier resides in this State; 32
(6) The gestational agreement was executed in this State; or 33
(7) The medical procedures for assisted reproduction that 34
were performed pursuant to the gestational agreement and resulted 35
in pregnancy were performed in this State, 36
the court may issue an order validating the gestational agreement 37
and declaring the intended parent or parents to be the parent or 38
parents of the resulting child. 39
Sec. 106. NRS 126.740 is hereby amended to read as follows: 40
126.740 1. A prospective gestational carrier is eligible to be a 41
gestational carrier pursuant to NRS 126.710 to 126.810, inclusive, 42
and sections 92 and 93 of this act if, at the time the gestational 43
agreement is executed, [she:] the prospective gestational carrier: 44
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(a) Has completed a medical evaluation relating to the 1
anticipated pregnancy; 2
(b) Has undergone legal consultation with independent legal 3
counsel regarding the terms of the gestational agreement and the 4
potential legal consequences of the gestational carrier arrangement; 5
and 6
(c) Did not contribute any gametes that will ultimately result in 7
an embryo that [she] the gestational carrier will attempt to carry to 8
term. 9
2. The intended parent or parents shall be deemed to have 10
satisfied the requirements of NRS 126.710 to 126.810, inclusive, 11
and sections 92 and 93 of this act if, before the gestational carrier 12
agreement is executed, [he, she or they] the intended parent or 13
parents have undergone legal consultation with independent legal 14
counsel regarding the terms of the gestational agreement and the 15
potential legal consequences of the gestational carrier arrangement. 16
Sec. 107. NRS 126.750 is hereby amended to read as follows: 17
126.750 1. A gestational agreement is enforceable only if it 18
satisfies the requirements of this section. 19
2. The gestational carrier and the intended parent or parents 20
must be represented by separate, independent counsel in all matters 21
concerning the gestational carrier arrangement and gestational 22
agreement. 23
3. A gestational agreement must: 24
(a) Be in writing; 25
(b) Be executed before the commencement of any medical 26
procedures in furtherance of the gestational carrier arrangement, 27
other than the medical evaluation required by subsection 1 of NRS 28
126.740 to determine the eligibility of the gestational carrier, by: 29
(1) A gestational carrier satisfying the eligibility 30
requirements set forth in subsection 1 of NRS 126.740 and the legal 31
spouse or domestic partner , if any, of the gestational carrier ; [, if 32
any;] and 33
(2) An intended parent or parents satisfying the requirement 34
set forth in subsection 2 of NRS 126.740; 35
(c) Be notarized and signed by all the parties with attached 36
declarations of the independent attorney of each party; and 37
(d) Include the separate, written and signed acknowledgment of 38
the gestational carrier and the intended parent or parents stating that 39
he or she has received information about the legal, financial and 40
contractual rights, expectations, penalties and obligations of the 41
gestational agreement. 42
4. A gestational agreement must provide for: 43
(a) The express written agreement of the gestational carrier to: 44
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(1) Undergo embryo or gamete transfer and , subject to the 1
provisions of subsection 6, attempt to carry and give birth to any 2
resulting child; and 3
(2) [Surrender legal and physical custody of any resulting 4
child to the] Acknowledge that each intended parent [or parents 5
immediately upon the birth] is the legal and physical custodian of 6
[the] any resulting child; 7
(b) The express written agreement of the legal spouse or 8
domestic partner, if any, of the gestational carrier to: 9
(1) Undertake the obligations imposed upon the gestational 10
carrier pursuant to the terms of the gestational agreement; and 11
(2) [Surrender legal and physical custody of any resulting 12
child to the] Acknowledge that each intended parent [or parents 13
immediately upon the birth] is the legal and physical custodian of 14
[the] any resulting child; 15
(c) The express written agreement of each party to the use by the 16
gestational carrier of the services of a physician [of her choosing,] 17
chosen by the gestational carrier, after consultation with the 18
intended parent or parents, to provide care to the gestational carrier 19
during the pregnancy; and 20
(d) The express written agreement of the intended parent or 21
parents to: 22
(1) Accept legal and physical custody of any resulting child 23
not biologically related to the gestational carrier or [her] the spouse 24
or domestic partner, if any, of the gestational carrier immediately 25
upon the birth of the child or children regardless of the number, 26
gender or mental or physical condition of the child or children; and 27
(2) Assume sole responsibility for the support of any 28
resulting child not biologically related to the gestational carrier or 29
[her] the spouse or domestic partner, if any, of the gestational 30
carrier immediately upon the birth of the child. 31
5. A gestational agreement is enforceable even if it contains 32
one or more of the following provisions: 33
(a) The gestational carrier’s agreement to undergo all medical 34
examinations, treatments and fetal monitoring procedures 35
recommended for the success of the pregnancy by the physician 36
providing care to the gestational carrier during the pregnancy. 37
(b) The gestational carrier’s agreement to abstain from any 38
activities that the intended parent or parents or the physician 39
providing care to the gestational carrier during the pregnancy 40
reasonably believes to be harmful to the pregnancy and the future 41
health of any resulting child, including, without limitation, smoking, 42
drinking alcohol, using nonprescribed drugs, using prescription 43
drugs not authorized by a physician aware of the pregnancy, 44
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exposure to radiation or any other activity proscribed by a health 1
care provider. 2
(c) The agreement of the intended parent or parents to pay the 3
gestational carrier reasonable compensation. 4
(d) The agreement of the intended parent or parents to pay for or 5
reimburse the gestational carrier for reasonable expenses, including, 6
without limitation, medical, legal or other professional expenses, 7
related to the gestational carrier arrangement and the gestational 8
agreement. 9
6. A gestational carrier has the right to make all health and 10
welfare decisions regarding the gestational carrier and the 11
pregnancy of the gestational carrier, including, without limitation, 12
whether to consent to a cesarean section or the transfer of 13
multiple embryos, whether to use the services of a health care 14
practitioner chosen by the gestational carrier, whether to 15
terminate or continue the pregnancy and whether to reduce or 16
retain the number of fetuses or embryos carried by the gestational 17
carrier. Any provision in a gestational agreement that contradicts 18
such a right is void and unenforceable. 19
Sec. 108. NRS 126.770 is hereby amended to read as follows: 20
126.770 1. Unless a gestational agreement expressly 21
provides otherwise: 22
(a) The marriage or domestic partnership of a gestational carrier 23
after [she executes a] the gestational agreement is signed by all 24
parties does not affect the validity of the [gestational] agreement 25
[and: 26
1. The] , the consent of the [legal] spouse or domestic partner 27
of the gestational carrier to the [gestational] agreement is not 28
required [. 29
2. The legal] , and the spouse or domestic partner of the 30
gestational carrier [must] is not [be] a presumed [to be the] parent of 31
[any resulting] a child [.] conceived by assisted reproduction under 32
the agreement; and 33
(b) The divorce, dissolution, annulment, declaration of 34
invalidity, legal separation or separate maintenance of the 35
gestational carrier after the agreement is signed by all parties does 36
not affect the validity of the agreement. 37
2. Unless a gestational agreement expressly provides 38
otherwise: 39
(a) The marriage or domestic partnership of an intended 40
parent after the agreement is signed by all parties does not affect 41
the validity of a gestational agreement, the consent of the spouse 42
or domestic partner of the intended parent is not required, and the 43
spouse or domestic partner of the intended parent is not, based on 44
– 37 –
- *AB371 _R2 *
the agreement, a parent of a child conceived by assisted 1
reproduction under the agreement; and 2
(b) The divorce, dissolution, annulment, declaration of 3
invalidity, legal separation or separate maintenance of an 4
intended parent after the agreement is signed by all parties does 5
not affect the validity of the agreement and the intended parents 6
are the parents of a child conceived by assisted reproduction under 7
the agreement. 8
Sec. 109. NRS 126.780 is hereby amended to read as follows: 9
126.780 1. A gestational carrier, [her] the legal spouse or 10
domestic partner, if any, of the gestational carrier or the intended 11
parent or parents are in noncompliance when [he, she or they 12
breach] any such person breaches any provision of the gestational 13
agreement or [fail] fails to meet any of the requirements of NRS 14
126.710 to 126.810, inclusive [.] , and sections 92 and 93 of this 15
act. 16
2. In the event of noncompliance, a court of competent 17
jurisdiction shall determine the respective rights and obligations of 18
the parties to the gestational agreement [based solely] : 19
(a) If the agreement substantially complies with NRS 126.710 20
to 126.810, inclusive, and sections 92 and 93 of this act, based on 21
the evidence of the [original] intent of the parties [.] at the time of 22
execution of the agreement and other relevant evidence. 23
(b) If the agreement does not substantially comply with NRS 24
126.710 to 126.810, inclusive, and sections 92 and 93 of this act, 25
pursuant to other applicable law of this State. 26
3. [There must be no specific] Specific performance is not an 27
available remedy [available for breach of the] except to enforce any 28
provision in a gestational agreement [by the gestational carrier that 29
would require the gestational carrier to be impregnated.] that is 30
necessary to enable the intended parents to exercise the full rights 31
of parentage immediately upon the birth of the child, if the 32
intended parents are being prevented from exercising such rights. 33
Sec. 110. NRS 128.150 is hereby amended to read as follows: 34
128.150 1. If a [mother] person who gave birth to a child 35
relinquishes or proposes to relinquish the child for adoption [a] and 36
the child [who] has: 37
(a) A presumed [father] parent pursuant to [NRS 126.051;] 38
section 37 of this act; 39
(b) A [father] parent whose relationship to the child has been 40
determined by a court; or 41
(c) A [father] parent as to whom the child is a legitimate child 42
under chapter 126 of NRS, under prior law of this State or under the 43
law of another jurisdiction, 44
– 38 –
- *AB371 _R2 *
and the [father] parent has not consented to the adoption of the 1
child or relinquished the child for adoption, a proceeding must be 2
brought pursuant to this chapter and a determination made of 3
whether a parent and child relationship exists and, if so, if it should 4
be terminated. 5
2. If a [mother] person who gave birth to a child relinquishes 6
or proposes to relinquish the child for adoption [a] and the child 7
[who] does not have: 8
(a) A presumed [father] parent pursuant to [NRS 126.051;] 9
section 37 of this act; 10
(b) A [father] parent whose relationship to the child has been 11
determined by a court; 12
(c) A [father] parent as to whom the child is a legitimate child 13
under chapter 126 of NRS, under prior law of this State or under the 14
law of another jurisdiction; or 15
(d) A [father] parent who can be identified in any other way, 16
or if a child otherwise becomes the subject of an adoption 17
proceeding, the agency or person to whom the child has been or is to 18
be relinquished, or the [mother] person who gave birth to the child 19
or the person having custody of the child, shall file a petition in the 20
district court to terminate the parental rights of the [father,] other 21
parent, unless the [father’s] other parent’s relationship to the child 22
has been previously terminated or determined not to exist by a court. 23
3. In an effort to identify and protect the interests of the 24
[natural father,] other parent, the court which is conducting a 25
proceeding pursuant to this chapter shall cause inquiry to be made of 26
the [mother] person who gave birth to the child and any other 27
appropriate person. The inquiry must include the following: 28
(a) Whether the [mother] person who gave birth to the child 29
was married or in a domestic partnership at the time of conception 30
of the child or at any time thereafter. 31
(b) Whether the [mother] person who gave birth to the child 32
was cohabiting with [a man] another person at the time of 33
conception or birth of the child. 34
(c) Whether the [mother] person who gave birth to the child has 35
received support payments or promises of support with respect to 36
the child or in connection with [her] the pregnancy [.] of the person. 37
(d) Whether any [man] person has formally or informally 38
acknowledged or declared [his] their possible [paternity] parentage 39
of the child. 40
4. If, after the inquiry, the [natural father] other parent is 41
identified to the satisfaction of the court, or if more than one [man] 42
person is identified as a possible [father,] parent, each must be 43
given notice of the proceeding in accordance with subsection 6 or 44
with this chapter, as applicable. If any of them fails to appear or, if 45
– 39 –
- *AB371 _R2 *
appearing, fails to claim custodial rights, such failure constitutes 1
abandonment of the child. If the [natural father] other parent or a 2
[man] person representing [himself] themselves to be the [natural 3
father,] other parent, claims custodial rights, the court shall proceed 4
to determine custodial rights. 5
5. If, after the inquiry, the court is unable to identify the 6
[natural father] other parent or any possible [natural father] other 7
parent and no person has appeared claiming to be the [natural 8
father] other parent and claiming custodial rights, the court shall 9
enter an order terminating the unknown [natural father’s] person’s 10
parental rights with reference to the child. Subject to the disposition 11
of any appeal, upon the expiration of 6 months after an order 12
terminating parental rights is issued under this subsection, or this 13
chapter, the order cannot be questioned by any person in any 14
manner or upon any ground, including fraud, misrepresentation, 15
failure to give any required notice or lack of jurisdiction of the 16
parties or of the subject matter. 17
6. Notice of the proceeding must be given to every person 18
identified as [the natural father] a parent or a possible [natural 19
father] parent in the manner provided by law and the Nevada Rules 20
of Civil Procedure for the service of process in a civil action, or in 21
any manner the court directs. Proof of giving the notice must be 22
filed with the court before the petition is heard. 23
Sec. 111. NRS 130.316 is hereby amended to read as follows: 24
130.316 1. The physical presence of a nonresident party who 25
is a natural person in a tribunal of this State is not required for the 26
establishment, enforcement or modification of a support order or the 27
rendition of a judgment determining parentage of a child. 28
2. An affidavit, a document substantially complying with 29
federally mandated forms or a document incorporated by reference 30
in any of them, which would not be excluded under the hearsay rule 31
in NRS 51.065 if given in person, is admissible in evidence if given 32
under penalty of perjury by a party or witness residing outside this 33
State. 34
3. A copy of the record of child-support payments certified as a 35
true copy of the original by the custodian of the record may be 36
forwarded to a responding tribunal. The copy is evidence of facts 37
asserted therein and is admissible to show whether payments were 38
made. 39
4. Copies of bills for testing for parentage of a child, and for 40
prenatal and postnatal health care of the [mother] person who gave 41
birth to the child and the child, furnished to the adverse party at 42
least 20 days before trial are admissible in evidence to prove the 43
amount of the charges billed and that the charges were reasonable, 44
necessary and customary. 45
– 40 –
- *AB371 _R2 *
5. Documentary evidence transmitted from outside this State to 1
a tribunal of this State by telephone, telecopier or other electronic 2
means that do not provide an original record may not be excluded 3
from evidence on an objection based on the means of transmission. 4
6. In a proceeding under this chapter, a tribunal of this State 5
shall permit a party or witness residing outside this State to be 6
deposed or to testify under penalty of perjury by telephone, 7
audiovisual means or other electronic means at a designated tribunal 8
or other location. A tribunal of this State shall cooperate with other 9
tribunals in designating an appropriate location for the deposition or 10
testimony. 11
7. In a civil proceeding under this chapter, if a party called to 12
testify refuses to answer a question on the ground that the testimony 13
may be self-incriminating, the trier of fact may draw an adverse 14
inference from the refusal. 15
8. A privilege against the disclosure of communications 16
between a married couple or between domestic partners does not 17
apply in a proceeding under this chapter. 18
9. The defense of immunity based on the relationship of a 19
married couple , domestic partners or parent and child does not 20
apply in a proceeding under this chapter. 21
10. A [voluntary acknowledgment of paternity developed by 22
the State Board of Health pursuant to NRS 440.283 or a] voluntary 23
acknowledgment of parentage developed by the State Board of 24
Health pursuant to NRS 440.285, certified as a true copy, is 25
admissible to establish parentage of the child. 26
Sec. 112. NRS 130.401 is hereby amended to read as follows: 27
130.401 1. If a support order entitled to recognition under 28
this chapter has not been issued, a responding tribunal of this State 29
with personal jurisdiction over the parties may issue a support order 30
if: 31
(a) The natural person seeking the order resides outside this 32
State; or 33
(b) The support-enforcement agency seeking the order is located 34
outside this State. 35
2. The tribunal may issue a temporary child-support order if 36
the tribunal determines that such an order is appropriate and the 37
natural person ordered to pay is: 38
(a) A presumed [father] parent of the child under [subsection 1 39
of NRS 126.051;] section 37 of this act; 40
(b) Petitioning to have [his paternity] their parentage 41
adjudicated; 42
(c) Identified as the [father] parent of the child through genetic 43
testing; 44
– 41 –
- *AB371 _R2 *
(d) An alleged [father] genetic parent who has declined to 1
submit to genetic testing; 2
(e) Shown by clear and convincing evidence to be the [father] 3
parent of the child; 4
(f) An [acknowledged father or] acknowledged parent as 5
provided by [NRS 126.053;] sections 38 to 51, inclusive, of this 6
act; 7
(g) The [mother of] person who gave birth to the child; or 8
(h) A natural person who has been ordered to pay child support 9
in a previous proceeding and the order has not been reversed or 10
vacated. 11
3. Upon finding, after notice and opportunity to be heard, that 12
an obligor owes a duty of support, the tribunal shall issue a support 13
order directed to the obligor and may issue other orders pursuant to 14
NRS 130.305. 15
Sec. 113. NRS 3.405 is hereby amended to read as follows: 16
3.405 1. In an action to establish [paternity,] parentage, the 17
court may appoint a master to take testimony and recommend 18
orders. 19
2. The court may appoint a master to hear all cases in a county 20
to establish or enforce an obligation for the support of a child, or to 21
modify or adjust an order for the support of a child pursuant to 22
NRS 125B.145. 23
3. The master must be an attorney licensed to practice in this 24
State. The master: 25
(a) Shall take testimony and establish a record; 26
(b) In complex cases shall issue temporary orders for support 27
pending resolution of the case; 28
(c) Shall make findings of fact, conclusions of law and 29
recommendations for the establishment and enforcement of an 30
order; 31
(d) May accept voluntary acknowledgments of [paternity] 32
parentage or liability for support and stipulated agreements setting 33
the amount of support; 34
(e) May, subject to confirmation by the district court, enter 35
default orders against a responsible parent who does not respond to 36
a notice or service within the required time; and 37
(f) Has any other power or duty contained in the order of 38
reference issued by the court. 39
If a temporary order for support is issued pursuant to paragraph 40
(b), the master shall order that the support be paid to the Division of 41
Welfare and Supportive Services of the Department of Health and 42
Human Services, its designated representative or the district 43
attorney, if the Division of Welfare and Supportive Services or 44
– 42 –
- *AB371 _R2 *
district attorney is involved in the case, or otherwise to an 1
appropriate party to the action, pending resolution of the case. 2
4. The findings of fact, conclusions of law and 3
recommendations of the master must be furnished to each party or 4
the party’s attorney at the conclusion of the proceeding or as soon 5
thereafter as possible. Within 10 days after receipt of the findings of 6
fact, conclusions of law and recommendations, either party may file 7
with the court and serve upon the other party written objections to 8
the report. If no objection is filed, the court shall accept the findings 9
of fact, unless clearly erroneous, and the judgment may be entered 10
thereon. If an objection is filed within the 10-day period, the court 11
shall review the matter upon notice and motion. 12
Sec. 114. NRS 200.359 is hereby amended to read as follows: 13
200.359 1. A person having a limited right of custody to a 14
child by operation of law or pursuant to an order, judgment or 15
decree of any court, including a judgment or decree which grants 16
another person rights to custody or visitation of the child, or any 17
parent having no right of custody to the child, who: 18
(a) In violation of an order, judgment or decree of any court 19
willfully detains, conceals or removes the child from a parent, 20
guardian or other person having lawful custody or a right of 21
visitation of the child; or 22
(b) In the case of an order, judgment or decree of any court that 23
does not specify when the right to physical custody or visitation is to 24
be exercised, removes the child from the jurisdiction of the court 25
without the consent of either the court or all persons who have the 26
right to custody or visitation, 27
is guilty of a category D felony and shall be punished as provided 28
in NRS 193.130. 29
2. Except as otherwise provided in this subsection, a parent 30
who has joint legal and physical custody of a child pursuant to NRS 31
125C.0015 shall not willfully conceal or remove the child from the 32
custody of the other parent with the specific intent to frustrate the 33
efforts of the other parent to establish or maintain a meaningful 34
relationship with the child. A person who violates this subsection 35
shall be punished as provided in subsection 1 unless the person 36
demonstrates to the satisfaction of the court that he or she violated 37
this subsection to protect the child or himself or herself from an act 38
that constitutes domestic violence pursuant to NRS 33.018. 39
3. If [the mother] a parent of a child has primary physical 40
custody of the child pursuant to [subsection 2 of] NRS 125C.003, 41
[the father] another parent of the child shall not willfully conceal or 42
remove the child from the physical custody of the [mother. If the 43
father of a child has] parent who has primary physical custody . 44
[pursuant to subsection 2 of NRS 125C.003, the mother of the child 45
– 43 –
- *AB371 _R2 *
shall not willfully conceal or remove the child from the physical 1
custody of the father.] A person who violates this subsection shall 2
be punished as provided in subsection 1. 3
4. A parent who has joint physical custody of a child pursuant 4
to an order, judgment or decree of a court shall not relocate with the 5
child pursuant to NRS 125C.0065 without the written consent of 6
the non-relocating parent or before the court enters an order granting 7
the parent primary physical custody of the child and permission to 8
relocate with the child, as applicable. A person who violates this 9
subsection shall be punished as provided in subsection 1. 10
5. A parent who has primary physical custody of a child 11
pursuant to an order, judgment or decree of a court shall not relocate 12
with the child pursuant to NRS 125C.006 without the written 13
consent of the non-relocating parent or the permission of the court. 14
A person who violates this subsection shall be punished as provided 15
in subsection 1. 16
6. Before an arrest warrant may be issued for a violation of this 17
section, the court must find that: 18
(a) This is the home state of the child, as defined in NRS 19
125A.085; and 20
(b) There is cause to believe that the entry of a court order in a 21
civil proceeding brought pursuant to chapter 125, 125A or 125C of 22
NRS will not be effective to enforce the rights of the parties and 23
would not be in the best interests of the child. 24
7. Upon conviction for a violation of this section, the court 25
shall order the defendant to pay restitution for any expenses incurred 26
in locating or recovering the child. 27
8. The prosecuting attorney may recommend to the judge that 28
the defendant be sentenced as for a misdemeanor and the judge may 29
impose such a sentence if the judge finds that: 30
(a) The defendant has no prior conviction for this offense and 31
the child has suffered no substantial harm as a result of the offense; 32
or 33
(b) The interests of justice require that the defendant be 34
punished as for a misdemeanor. 35
9. A person who aids or abets any other person to violate this 36
section shall be punished as provided in subsection 1. 37
10. In addition to the exemption set forth in subsection 11, 38
subsections 4 and 5 do not apply to a person who demonstrates a 39
compelling excuse, to the satisfaction of the court, for relocating 40
with a child in violation of NRS 125C.006 or 125C.0065. 41
11. This section does not apply to a person who detains, 42
conceals, removes or relocates with a child to protect the child from 43
the imminent danger of abuse or neglect or to protect himself or 44
herself from imminent physical harm, and reported the detention, 45
– 44 –
- *AB371 _R2 *
concealment, removal or relocation to a law enforcement agency or 1
an agency which provides child welfare services within 24 hours 2
after detaining, concealing, removing or relocating with the child, or 3
as soon as the circumstances allowed. As used in this subsection: 4
(a) “Abuse or neglect” has the meaning ascribed to it in 5
paragraph (a) of subsection 4 of NRS 200.508. 6
(b) “Agency which provides child welfare services” has the 7
meaning ascribed to it in NRS 432B.030. 8
Sec. 115. NRS 239.010 is hereby amended to read as follows: 9
239.010 1. Except as otherwise provided in this section and 10
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 11
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 12
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 13
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 14
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 15
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 16
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 17
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 18
120A.690, 125.130, 125B.140, [126.141,] 126.161, 126.163, 19
126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 20
130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 21
176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 22
178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 23
200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 24
209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 25
211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 26
217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 27
218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 28
228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 29
239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 30
239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 31
240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 32
247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 33
268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 34
281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 35
281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 36
289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 37
293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 38
293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 39
338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 40
349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 41
353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 42
361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 43
378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 44
385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 45
– 45 –
- *AB371 _R2 *
388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 1
391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 2
392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 3
394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 4
396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 5
396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 6
408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 7
422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 8
432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 9
432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 10
433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 11
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 12
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 13
442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 14
449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 15
453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 16
459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 17
463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 18
481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 19
483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 20
484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 21
534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 22
598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 23
604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 24
618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 25
624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 26
628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 27
630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 28
631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 29
633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 30
634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 31
636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 32
638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 33
640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 34
640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 35
641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 36
641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 37
641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 38
645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 39
645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 40
647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 41
652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 42
665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 43
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 44
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 45
– 46 –
- *AB371 _R2 *
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 1
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 2
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 3
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 4
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 5
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 6
711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 7
2011 and section 2 of chapter 391, Statutes of Nevada 2013 and 8
unless otherwise declared by law to be confidential, all public books 9
and public records of a governmental entity must be open at all 10
times during office hours to inspection by any person, and may be 11
fully copied or an abstract or memorandum may be prepared from 12
those public books and public records. Any such copies, abstracts or 13
memoranda may be used to supply the general public with copies, 14
abstracts or memoranda of the records or may be used in any other 15
way to the advantage of the governmental entity or of the general 16
public. This section does not supersede or in any manner affect the 17
federal laws governing copyrights or enlarge, diminish or affect in 18
any other manner the rights of a person in any written book or 19
record which is copyrighted pursuant to federal law. 20
2. A governmental entity may not reject a book or record 21
which is copyrighted solely because it is copyrighted. 22
3. A governmental entity that has legal custody or control of a 23
public book or record shall not deny a request made pursuant to 24
subsection 1 to inspect or copy or receive a copy of a public book or 25
record on the basis that the requested public book or record contains 26
information that is confidential if the governmental entity can 27
redact, delete, conceal or separate, including, without limitation, 28
electronically, the confidential information from the information 29
included in the public book or record that is not otherwise 30
confidential. 31
4. If requested, a governmental entity shall provide a copy of a 32
public record in an electronic format by means of an electronic 33
medium. Nothing in this subsection requires a governmental entity 34
to provide a copy of a public record in an electronic format or by 35
means of an electronic medium if: 36
(a) The public record: 37
(1) Was not created or prepared in an electronic format; and 38
(2) Is not available in an electronic format; or 39
(b) Providing the public record in an electronic format or by 40
means of an electronic medium would: 41
(1) Give access to proprietary software; or 42
(2) Require the production of information that is confidential 43
and that cannot be redacted, deleted, concealed or separated from 44
information that is not otherwise confidential. 45
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5. An officer, employee or agent of a governmental entity who 1
has legal custody or control of a public record: 2
(a) Shall not refuse to provide a copy of that public record in the 3
medium that is requested because the officer, employee or agent has 4
already prepared or would prefer to provide the copy in a different 5
medium. 6
(b) Except as otherwise provided in NRS 239.030, shall, upon 7
request, prepare the copy of the public record and shall not require 8
the person who has requested the copy to prepare the copy himself 9
or herself. 10
Sec. 116. NRS 422A.585 is hereby amended to read as 11
follows: 12
422A.585 1. The Division shall, within the limitations of 13
available funding, establish a program which promotes the self-14
sufficiency of a [natural father] parent whose [paternity] parentage 15
is presumed pursuant to [NRS 126.051] section 37 of this act or a 16
noncustodial parent of a child for whom benefits are being received 17
by a household. 18
2. If a [natural father] parent whose [paternity] parentage is 19
presumed pursuant to [NRS 126.051] section 37 of this act or a 20
noncustodial parent of a child for whom benefits are being received 21
by a household chooses to participate in the program established 22
pursuant to subsection 1, the Division may, within the limitations of 23
available funding, increase the amount of benefits provided to the 24
head of the household on behalf of the child. 25
Sec. 117. NRS 432B.560 is hereby amended to read as 26
follows: 27
432B.560 1. The court may also order: 28
(a) The child, a parent or the guardian to undergo such medical, 29
psychiatric, psychological, or other care or treatment as the court 30
considers to be in the best interests of the child. 31
(b) A parent or guardian to refrain from: 32
(1) Any harmful or offensive conduct toward the child, the 33
other parent, the custodian of the child or the person given physical 34
custody of the child; and 35
(2) Visiting the child if the court determines that the 36
visitation is not in the best interest of the child. 37
(c) A reasonable right of visitation for a grandparent of the child 38
if the child is not permitted to remain in the custody of the parents 39
of the child. 40
(d) Tests for the typing of blood or taking of specimens for 41
genetic identification [of the child, the natural mother of the child or 42
the alleged father of the child] pursuant to [NRS 126.121.] sections 43
52 to 68, inclusive, of this act. 44
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2. The court shall order a parent or guardian to pay to the 1
custodian an amount sufficient to support the child while the child is 2
in the care of the custodian pursuant to an order of the court, unless 3
the child was delivered to a provider of emergency services pursuant 4
to NRS 432B.630. Payments for the obligation of support must be 5
determined in accordance with the guidelines established by the 6
Administrator of the Division of Welfare and Supportive Services of 7
the Department of Health and Human Services pursuant to NRS 8
425.620, but must not exceed the reasonable cost of the child’s care, 9
including food, shelter, clothing, medical care and education. An 10
order for support made pursuant to this subsection must: 11
(a) Require that payments be made to the appropriate agency or 12
office; 13
(b) Provide that the custodian is entitled to a lien on the 14
obligor’s property in the event of nonpayment of support; and 15
(c) Provide for the immediate withholding of income for the 16
payment of support unless: 17
(1) All parties enter into an alternative written agreement; or 18
(2) One party demonstrates and the court finds good cause to 19
postpone the withholding. 20
3. A court that enters an order pursuant to subsection 2 shall 21
ensure that the social security number of the parent or guardian who 22
is the subject of the order is: 23
(a) Provided to the Division of Welfare and Supportive Services 24
of the Department of Health and Human Services. 25
(b) Placed in the records relating to the matter and, except as 26
otherwise required to carry out a specific statute, maintained in a 27
confidential manner. 28
Sec. 118. NRS 440.280 is hereby amended to read as follows: 29
440.280 1. If a birth occurs in a hospital or the person 30
[giving] who gave birth to a child and the child are immediately 31
transported to a hospital, the person in charge of the hospital or his 32
or her designated representative shall obtain the necessary 33
information, prepare a birth certificate, secure the signatures 34
required by the certificate and file it within 10 days with the health 35
officer of the registration district where the birth occurred. The 36
physician in attendance shall provide the medical information 37
required by the certificate and certify to the fact of birth within 72 38
hours after the birth. If the physician does not certify to the fact of 39
birth within the required 72 hours, the person in charge of the 40
hospital or the designated representative shall complete and sign the 41
certification. 42
2. If a birth occurs outside a hospital and the person [giving] 43
who gave birth to a child and the child are not immediately 44
transported to a hospital, the birth certificate must be prepared and 45
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filed by one of the following persons in the following order of 1
priority: 2
(a) The physician in attendance at or immediately after the birth. 3
(b) Any other person in attendance at or immediately after the 4
birth. 5
(c) [The person giving birth or other] A parent or, if [the other] 6
each parent is absent [and the person giving birth is] or 7
incapacitated, the person in charge of the premises where the birth 8
occurred. 9
3. If a birth occurs in a moving conveyance, the place of birth 10
is the place where the child is removed from the conveyance. 11
4. In cities, the certificate of birth must be filed sooner than 10 12
days after the birth if so required by municipal ordinance or 13
regulation. 14
5. If the person [giving] who gave birth to a child was: 15
(a) Married or in a domestic partnership at the time of the birth, 16
the name of the spouse or domestic partner of [that] the person who 17
gave birth must be entered on the certificate as the other parent of 18
the child unless: 19
(1) A court has issued an order establishing that a person 20
other than the spouse or domestic partner of the person [giving] 21
who gave birth is the other parent of the child; or 22
(2) The person [giving] who gave birth and a person other 23
than the spouse or domestic partner of the person [giving] who 24
gave birth have signed [a declaration for the voluntary 25
acknowledgment of paternity developed by the Board pursuant to 26
NRS 440.283 or] a declaration for the voluntary acknowledgment of 27
parentage developed by the Board pursuant to NRS 440.285 [.] and 28
the spouse or domestic partner of the person who gave birth has 29
signed a voluntary denial of parentage developed by the Board 30
pursuant to NRS 440.285. 31
(b) Widowed at the time of birth but married or in a domestic 32
partnership at the time of conception, the name of the spouse or 33
domestic partner of the person [giving] who gave birth at the time 34
of conception must be entered on the certificate as the other parent 35
of the child unless: 36
(1) A court has issued an order establishing that a person 37
other than the spouse or domestic partner of the person [giving] 38
who gave birth at the time of conception is the other parent of the 39
child; or 40
(2) The person [giving] who gave birth and a person other 41
than the spouse or domestic partner of the person [giving] who 42
gave birth at the time of conception have signed [a declaration for 43
the voluntary acknowledgment of paternity developed by the Board 44
pursuant to NRS 440.283 or] a declaration for the voluntary 45
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acknowledgment of parentage developed by the Board pursuant to 1
NRS 440.285 [.] and the spouse or domestic partner of the person 2
who gave birth has signed a voluntary denial of parentage 3
developed by the Board pursuant to NRS 440.285. 4
6. If the person [giving] who gave birth was unmarried and not 5
in a domestic partnership at the time of the birth, the name of the 6
other parent may be entered on the original certificate of birth only 7
if: 8
(a) The provisions of paragraph (b) of subsection 5 are 9
applicable; 10
(b) A court has issued an order establishing that the person is the 11
other parent of the child; or 12
(c) The parents of the child have signed [a declaration for the 13
voluntary acknowledgment of paternity developed by the Board 14
pursuant to NRS 440.283 or] a declaration for the voluntary 15
acknowledgment of parentage developed by the Board pursuant to 16
NRS 440.285. If both parents execute a declaration consenting to 17
the use of the surname of one parent as the surname of the child, the 18
name of that parent must be entered on the original certificate of 19
birth and the surname of that parent must be entered thereon as the 20
surname of the child. 21
7. An order entered or a declaration executed pursuant to 22
subsection 6 must be submitted to the local health officer, the local 23
health officer’s authorized representative, or the attending physician 24
or midwife before a proper certificate of birth is forwarded to the 25
State Registrar. The order or declaration must then be delivered to 26
the State Registrar for filing. The State Registrar’s file of orders and 27
declarations must be sealed and the contents of the file may be 28
examined only upon order of a court of competent jurisdiction or at 29
the request of either parent or the Division of Welfare and 30
Supportive Services of the Department of Health and Human 31
Services as necessary to carry out the provisions of 42 U.S.C. § 32
654a. The local health officer shall complete the original certificate 33
of birth in accordance with subsection 6 and other provisions of this 34
chapter. 35
8. As used in this section, “court” has the meaning ascribed to 36
it in NRS 125B.004. 37
Sec. 119. NRS 440.285 is hereby amended to read as follows: 38
440.285 1. The Board shall: 39
(a) Develop [a declaration] declarations to be signed under 40
penalty of perjury for the voluntary acknowledgment of parentage 41
and the voluntary denial of parentage in this State [;] pursuant to 42
sections 38 to 51, inclusive, of this act; and 43
(b) Distribute the declarations to each hospital or freestanding 44
birthing center in this State. 45
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2. Before providing a declaration for the acknowledgment of 1
parentage or denial of parentage to [the person who gave birth to a 2
child or] a person who wishes to acknowledge or deny the parentage 3
of a child, the agencies described in paragraph (b) of subsection 1 4
shall ensure that [the person who gave birth and] the person who 5
wishes to acknowledge or deny parentage [are] is given notice, 6
orally and in writing, of the rights, responsibilities and legal 7
consequences of, and the alternatives to, signing the declaration for 8
the acknowledgment of parentage [.] or declaration for the denial 9
of parentage. 10
Sec. 120. NRS 440.287 is hereby amended to read as follows: 11
440.287 1. If a person who has given birth or a person who 12
has signed [a declaration for the voluntary acknowledgment of 13
paternity developed by the Board pursuant to NRS 440.283 or] a 14
declaration for the voluntary acknowledgment of parentage 15
developed by the Board pursuant to NRS 440.285 with the person 16
who has given birth rescinds the acknowledgment pursuant to 17
[subsection 2 of NRS 126.053,] section 45 of this act, the State 18
Registrar shall not issue a new certificate of birth to remove the 19
name of the person who originally acknowledged [paternity or] 20
parentage [, as applicable,] unless a court issues an order 21
establishing that the person who acknowledged [paternity or] 22
parentage [, as applicable,] is not the [father or] parent [, as 23
applicable,] of the child. 24
2. As used in this section, “court” has the meaning ascribed to 25
it in NRS 125B.004. 26
Sec. 121. NRS 440.319 is hereby amended to read as follows: 27
440.319 1. Whenever the State Registrar receives an order 28
issued by a district court in this State pursuant to subsection 4 of 29
NRS 126.720 validating a gestational agreement and declaring the 30
intended parent or parents to be the parent or parents of the resulting 31
child, the State Registrar shall prepare and file a certificate of birth 32
in the name of the child which shows the intended parent or parents 33
as the parent or parents of the child and seal and file the order and 34
the original certificate of birth, if any. Unless the court order is 35
issued by a district court in this State for an action which was 36
originally commenced in this State, a court order concerning a 37
gestational agreement is not valid for any purpose in this State as it 38
relates to a child born in this State, including, without limitation, the 39
preparation and filing of a certificate of birth by the State Registrar. 40
2. As used in this section: 41
(a) “Gestational agreement” has the meaning ascribed to it in 42
NRS 126.570. 43
(b) “Intended parent” has the meaning ascribed to it in [NRS 44
126.590.] section 16 of this act. 45
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Sec. 122. NRS 440.325 is hereby amended to read as follows: 1
440.325 1. In the case of the [paternity or] parentage of a 2
child being established by the: 3
(a) [Person who gave birth and other parent acknowledging 4
paternity of a child by signing a declaration for the voluntary 5
acknowledgment of paternity developed by the Board pursuant to 6
NRS 440.283; 7
(b)] Person who gave birth to the child and another person 8
acknowledging parentage of the child by signing a declaration for 9
the voluntary acknowledgment of parentage developed by the Board 10
pursuant to NRS 440.285; or 11
[(c)] (b) Order of a district court, 12
the State Registrar, upon the receipt of the declaration or court 13
order, shall prepare a new certificate of birth in the name of the 14
child as shown in the declaration or order with no reference to the 15
fact of legitimation. 16
2. The new certificate must be identical with the certificate 17
registered for the birth of a child born in wedlock. 18
3. Except as otherwise provided in subsection 4, the evidence 19
upon which the new certificate was made and the original certificate 20
must be sealed and filed and may be opened only upon the order of 21
a court of competent jurisdiction. 22
4. The State Registrar shall, upon the request of the Division of 23
Welfare and Supportive Services of the Department of Health and 24
Human Services, open a file that has been sealed pursuant to 25
subsection 3 to allow the Division to compare the information 26
contained in the declaration or order upon which the new certificate 27
was made with the information maintained pursuant to 42 U.S.C. § 28
654a. 29
Sec. 123. NRS 449.246 is hereby amended to read as follows: 30
449.246 1. Before discharging [an unmarried woman who 31
has borne] a person who gave birth to a child, a hospital or 32
freestanding birthing center shall provide to the child’s parents: 33
(a) The opportunity to sign, in the hospital, a declaration for the 34
voluntary acknowledgment of [paternity] parentage developed 35
pursuant to NRS [440.283;] 440.285 and, if applicable, a voluntary 36
denial of parentage developed pursuant to NRS 440.285; 37
(b) Written materials about establishing [paternity;] parentage; 38
(c) The forms necessary to acknowledge [paternity] or deny 39
parentage voluntarily; 40
(d) A written description of the rights and responsibilities of 41
acknowledging [paternity;] parentage; and 42
(e) The opportunity to speak by telephone with personnel of the 43
program for enforcement of child support who are trained to clarify 44
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information and answer questions about the establishment of 1
[paternity.] parentage. 2
2. The Administrator of the Division of Welfare and 3
Supportive Services of the Department of Health and Human 4
Services shall adopt the regulations necessary to ensure that the 5
services provided by a hospital or freestanding birthing center 6
pursuant to this section are in compliance with the regulations 7
adopted by the Secretary of Health and Human Services pursuant to 8
42 U.S.C. § 666(a)(5)(C). 9
Sec. 124. NRS 629.151 is hereby amended to read as follows: 10
629.151 It is unlawful to obtain any genetic information of a 11
person without first obtaining the informed consent of the person or 12
the person’s legal guardian pursuant to NRS 629.181, unless the 13
information is obtained: 14
1. By a federal, state, county or city law enforcement agency to 15
establish the identity of a person or dead human body; 16
2. [To determine the parentage or identity of a person pursuant 17
to NRS 56.020; 18
3.] To determine the [paternity] parentage of a person pursuant 19
to NRS [126.121 or] 425.384 [; 20
4.] or sections 52 to 68, inclusive, of this act; 21
3. For use in a study where the identities of the persons from 22
whom the genetic information is obtained are not disclosed to the 23
person conducting the study; 24
[5.] 4. To determine the presence of certain preventable or 25
inheritable disorders in an infant pursuant to NRS 442.008 or a 26
provision of federal law; or 27
[6.] 5. Pursuant to an order of a court of competent 28
jurisdiction. 29
Sec. 125. NRS 629.171 is hereby amended to read as follows: 30
629.171 It is unlawful to disclose or to compel a person to 31
disclose the identity of a person who was the subject of a genetic 32
test or to disclose genetic information of that person in a manner 33
that allows identification of the person, without first obtaining the 34
informed consent of that person or his or her legal guardian pursuant 35
to NRS 629.181, unless the information is disclosed: 36
1. To conduct a criminal investigation, an investigation 37
concerning the death of a person or a criminal or juvenile 38
proceeding; 39
2. [To determine the parentage or identity of a person pursuant 40
to NRS 56.020; 41
3.] To determine the [paternity] parentage of a person pursuant 42
to NRS [126.121 or] 425.384 [; 43
4.] or sections 52 to 68, inclusive, of this act; 44
3. Pursuant to an order of a court of competent jurisdiction; 45
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[5.] 4. By a physician and is the genetic information of a 1
deceased person that will assist in the medical diagnosis of persons 2
related to the deceased person by blood; 3
[6.] 5. To a federal, state, county or city law enforcement 4
agency to establish the identity of a person or dead human body; 5
[7.] 6. To determine the presence of certain preventable or 6
inheritable disorders in an infant pursuant to NRS 442.008 or a 7
provision of federal law; 8
[8.] 7. To carry out the provisions of NRS 442.300 to 442.330, 9
inclusive; or 10
[9.] 8. By an agency of criminal justice pursuant to 11
NRS 179A.075. 12
Sec. 126. NRS 652.210 is hereby amended to read as follows: 13
652.210 1. Except as otherwise provided in subsection 2 and 14
NRS [126.121 and] 652.186 [,] and sections 52 to 68, inclusive, of 15
this act, no person other than a licensed physician, a licensed 16
optometrist, a licensed practical nurse, a registered nurse, a 17
perfusionist, a physician assistant licensed pursuant to chapter 630 18
or 633 of NRS, a certified advanced emergency medical technician, 19
a certified paramedic, a practitioner of respiratory care licensed 20
pursuant to chapter 630 of NRS, a licensed dentist or a registered 21
pharmacist may manipulate a person for the collection of specimens. 22
The persons described in this subsection may perform any 23
laboratory test which is classified as a waived test pursuant to 24
Subpart A of Part 493 of Title 42 of the Code of Federal Regulations 25
without obtaining certification as an assistant in a medical 26
laboratory pursuant to NRS 652.127. 27
2. The technical personnel of a laboratory may collect blood, 28
remove stomach contents, perform certain diagnostic skin tests or 29
field blood tests or collect material for smears and cultures. 30
Sec. 127. NRS 689A.0424 is hereby amended to read as 31
follows: 32
689A.0424 1. An insurer that offers or issues a policy of 33
health insurance that includes coverage for maternity care shall not 34
deny, limit or seek reimbursement for maternity care because the 35
insured is acting as a gestational carrier. 36
2. If an insured acts as a gestational carrier, the child shall be 37
deemed to be a child of the intended parent, as defined in [NRS 38
126.590,] section 16 of this act, for purposes related to the policy of 39
health insurance. 40
3. As used in this section, “gestational carrier” has the meaning 41
ascribed to it in NRS 126.580. 42
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Sec. 128. NRS 689B.03766 is hereby amended to read as 1
follows: 2
689B.03766 1. An insurer that offers or issues a policy of 3
group health insurance that includes coverage for maternity care 4
shall not deny, limit or seek reimbursement for maternity care 5
because the insured is acting as a gestational carrier. 6
2. If an insured acts as a gestational carrier, the child shall be 7
deemed to be a child of the intended parent, as defined in [NRS 8
126.590,] section 16 of this act, for purposes related to the policy of 9
group health insurance. 10
3. As used in this section, “gestational carrier” has the meaning 11
ascribed to it in NRS 126.580. 12
Sec. 129. NRS 689C.1945 is hereby amended to read as 13
follows: 14
689C.1945 1. A carrier that offers or issues a health benefit 15
plan that includes coverage for maternity care shall not deny, limit 16
or seek reimbursement for maternity care because the insured is 17
acting as a gestational carrier. 18
2. If an insured acts as a gestational carrier, the child shall be 19
deemed to be a child of the intended parent, as defined in [NRS 20
126.590,] section 16 of this act, for purposes related to the health 21
benefit plan. 22
3. As used in this section, “gestational carrier” has the meaning 23
ascribed to it in NRS 126.580. 24
Sec. 130. NRS 695A.1857 is hereby amended to read as 25
follows: 26
695A.1857 1. A society that offers or issues a benefit 27
contract that includes coverage for maternity care shall not deny, 28
limit or seek reimbursement for maternity care because the insured 29
is acting as a gestational carrier. 30
2. If an insured acts as a gestational carrier, the child shall be 31
deemed to be a child of the intended parent, as defined in [NRS 32
126.590,] section 16 of this act, for purposes related to the benefit 33
contract. 34
3. As used in this section, “gestational carrier” has the meaning 35
ascribed to it in NRS 126.580. 36
Sec. 131. NRS 695B.1948 is hereby amended to read as 37
follows: 38
695B.1948 1. An insurer that offers or issues a contract for 39
hospital or medical services that includes coverage for maternity 40
care shall not deny, limit or seek reimbursement for maternity care 41
because the insured is acting as a gestational carrier. 42
2. If an insured acts as a gestational carrier, the child shall be 43
deemed to be a child of the intended parent, as defined in 44
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[NRS 126.590,] section 16 of this act, for purposes related to the 1
contract for hospital or medical services. 2
3. As used in this section, “gestational carrier” has the meaning 3
ascribed to it in NRS 126.580. 4
Sec. 132. NRS 695C.1712 is hereby amended to read as 5
follows: 6
695C.1712 1. A health maintenance organization that offers 7
or issues a health care plan that includes coverage for maternity care 8
shall not deny, limit or seek reimbursement for maternity care 9
because the enrollee is acting as a gestational carrier. 10
2. If an enrollee acts as a gestational carrier, the child shall be 11
deemed to be a child of the intended parent, as defined in [NRS 12
126.590,] section 16 of this act, for purposes related to the health 13
care plan. 14
3. As used in this section, “gestational carrier” has the meaning 15
ascribed to it in NRS 126.580. 16
Sec. 133. NRS 695G.1716 is hereby amended to read as 17
follows: 18
695G.1716 1. A managed care organization that offers or 19
issues a health care plan that includes coverage for maternity care 20
shall not deny, limit or seek reimbursement for maternity care 21
because the insured is acting as a gestational carrier. 22
2. If an insured acts as a gestational carrier, the child shall be 23
deemed to be a child of the intended parent, as defined in [NRS 24
126.590,] section 16 of this act, for purposes related to the health 25
care plan. 26
3. As used in this section, “gestational carrier” has the meaning 27
ascribed to it in NRS 126.580. 28
Sec. 134. The amendatory provisions of this act apply to a 29
pending proceeding to adjudicate parentage commenced before 30
October 1, 2023, for an issue on which a judgment has not been 31
entered. 32
Sec. 135. The Legislative Counsel shall: 33
1. In preparing the Nevada Revised Statutes, use the authority 34
set forth in subsection 10 of NRS 220.120 to appropriately replace 35
references to the term “paternity” with the term “parentage,” 36
references to the term “father” with the term “parent” and references 37
to the term “mother” with the term “parent,” “person who gave 38
birth,” “person who will give birth,” “person giving birth” or 39
another similar term, as appropriate given the context, in the manner 40
provided in this act; and 41
2. In preparing supplements to the Nevada Administrative 42
Code, appropriately replace references to the term “paternity” with 43
the term “parentage,” references to the term “father” with the term 44
“parent” and references to the term “mother” with the term “parent,” 45
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“person who gave birth,” “person who will give birth,” “person 1
giving birth” or another similar term, as appropriate given the 2
context, in the manner provided in this act. 3
Sec. 136. NRS 56.020, 126.021, 126.041, 126.051, 126.053, 4
126.071, 126.081, 126.091, 126.101, 126.105, 126.111, 126.121, 5
126.131, 126.141, 126.143, 126.171, 126.223, 126.231, 126.510, 6
126.540, 126.550, 126.560, 126.590, 126.600, 126.610, 126.620, 7
126.630 and 440.283 are hereby repealed. 8
LEADLINES OF REPEALED SECTIONS
56.020 Determination of parentage or identity.
126.021 Definitions.
126.041 Establishment of relationship.
126.051 Presumptions of paternity.
126.053 Voluntary acknowledgment of paternity or
parentage.
126.071 Who may bring action; when action may be
brought.
126.081 Period of limitations.
126.091 Jurisdiction; joinder; venue.
126.101 Parties.
126.105 Service of process.
126.111 Pretrial hearing; testimony.
126.121 Tests for typing of blood or genetic identification;
admissibility in court; effect of refusal to submit to test.
126.131 Evidence relating to paternity; evidence of costs of
certain medical services.
126.141 Pretrial recommendations.
126.143 Order for temporary support of child.
126.171 Costs.
126.223 Entry of default upon failure to plead or defend in
action.
126.231 Who may bring action; provisions of chapter
applicable to action.
126.510 “Assisted reproduction” defined.
126.540 “Donor” defined.
126.550 “Embryo” defined.
126.560 “Gamete” defined.
126.590 “Intended parent” defined.
126.600 “In vitro fertilization” defined.
126.610 “Parent” defined.
– 58 –
- *AB371 _R2 *
126.620 “Record” defined.
126.630 “Sign” defined.
440.283 Voluntary acknowledgment of paternity: Board to
develop and distribute declarations to be signed; certain entities
to provide services and notice concerning effect of declaration.
H