A.B. 424
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ASSEMBLY BILL NO. 424–ASSEMBLYMEMBER BACKUS
MARCH 13, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes relating to parentage.
(BDR 11-1081)
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: Yes.
~
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 29-90 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 4-27 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 manner 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 manner in which the legal relationship of a 15
father and child can be established, including: (1) an adjudication that a man is the 16
father of a child; (2) proof that a man has adopted a child; (3) the consent of a man 17
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 cohabitating with 20
the natural mother of a child or resides with and holds out a child as his natural 21
child; (6) genetic testing establishing a man as the father of a child; or (7) a 22
voluntary acknowledgment of paternity by a man. (NRS 126.041, 126.051, 23
126.053) Section 35 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 38 uses the gender-neutral language of the 26
UPA to establish the circumstances in which a person is presumed to be a parent of 27
a child. 28
Sections 39-52 establish provisions modeled after those of the UPA relating to 29
the voluntary acknowledgment or voluntary denial of parentage by certain persons, 30
including provisions relating to the requirement for, rescission of and challenge to 31
an acknowledgment of parentage or denial of parentage. Section 43 provides that, 32
unless an acknowledgment of parentage or denial of parentage is rescinded or 33
challenged, such an acknowledgment of parentage or denial of parentage that meets 34
all requirements of law and is filed with the State Registrar of Vital Statistics is 35
equivalent to an adjudication of the parentage of a child or the nonparentage of a 36
person, respectively. Section 44 prohibits the State Registrar of Vital Statistics 37
from charging a fee for filing an acknowledgment of parentage or denial of 38
parentage, and section 52 authorizes the State Board of Health to adopt any 39
necessary regulations relating to an acknowledgment of parentage or denial of 40
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 a 43
mother, child, alleged father or any other person. (NRS 126.121) Sections 53-67 44
establish various provisions modeled after those of the UPA concerning genetic 45
testing, including: (1) the limitation on the use of genetic testing; (2) the authority 46
to order, facilitate or deny genetic testing; (3) the requirements of genetic testing; 47
(4) reports and costs of genetic testing; (5) additional genetic testing when a result 48
is contested; (6) genetic testing when a specimen is not available from an alleged 49
genetic parent; and (7) genetic testing of a deceased person or identical sibling. 50
Section 67 provides that a person commits a misdemeanor, if without proper 51
authority, he or she intentionally releases an identifiable specimen of another 52
person collected for genetic testing for a purpose not relevant to a proceeding 53
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 68-88 replace several of 56
those provisions with provisions modeled after those of the UPA governing 57
proceedings to adjudicate parentage. Existing law provides that if an action to 58
determine paternity is brought before the birth of a child, all proceedings are 59
generally required to be stayed until after the birth of the child. (NRS 126.071) 60
Section 83 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 the 65
child reaches the age of majority. (NRS 126.081) Sections 74 and 75 instead 66
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 139 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 76 authorizes a person who claims to be a de facto parent of a child to 75
commence a proceeding to establish parentage of the child if the child is alive and 76
less than 18 years of age. Section 76 provides that a person who claims to be a de 77
facto parent of a child must be adjudicated as a parent of the child if there is only 78
one other person who is a parent or has a claim to parentage of the child and the 79
person who claims to be a de facto parent can demonstrate certain facts by clear and 80
convincing evidence. Section 80 authorizes a court to adjudicate a child to have 81
more than two parents if the court finds that failure to recognize more than two 82
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 91 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 92 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 a gestational agreement to provide for the express written 92
agreement of the gestational carrier to undergo embryo or gamete transfer and 93
attempt to carry and give birth to any resulting child. (NRS 126.750) Section 107 94
of this bill requires a gestational agreement to also provide for the express written 95
agreement of the gestational carrier and any legal spouse or domestic partner of the 96
gestational carrier to acknowledge that each intended parent is the legal and 97
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 139 repeals provisions of existing law that are not necessary because 123
of the establishment of the provisions modeled after those of the UPA in 124
sections 29-90. 125
Sections 1, 93-97, 110-136 and 139 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 29-90 and the repeal of 128
unnecessary provisions in section 139. 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 92, 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 27, 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 39 to 31
52, 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. “Agency which provides child welfare services” has 35
the meaning ascribed to it in NRS 432B.030. 36
Sec. 7. “Alleged genetic parent” means a person who is 37
alleged to be, or alleges that the person is, a genetic parent or 38
possible genetic parent of a child whose parentage has not been 39
adjudicated. The term includes an alleged genetic father and 40
alleged genetic mother. The term does not include: 41
1. A presumed parent; 42
2. A person whose parental rights have been terminated or 43
declared not to exist; or 44
3. A donor. 45
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Sec. 8. “Assisted reproduction” means a method of causing 1
pregnancy other than sexual intercourse. The term includes, 2
without limitation: 3
1. Intrauterine or intracervical insemination; 4
2. Donation of gametes; 5
3. Donation of embryos; 6
4. In vitro fertilization and transfer of embryos; and 7
5. Intracytoplasmic sperm injection. 8
Sec. 9. “Birth” includes stillbirth. 9
Sec. 10. “Child” means a person of any age whose parentage 10
may be determined under sections 29 to 90, inclusive, of this act. 11
Sec. 11. “Child support agency” means a governmental 12
entity, public official or private agency authorized to provide 13
parentage-establishment services under Title IV-D of the Social 14
Security Act, 42 U.S.C. §§ 651 to 669b, inclusive. 15
Sec. 12. “Custodial parent” means a parent who has been 16
awarded physical custody of a child or, if no award of physical 17
custody has been made by a court, the parent with whom the child 18
resides. 19
Sec. 13. “Determination of parentage” means establishment 20
of a parent and child relationship by a judicial or administrative 21
proceeding or signing of a valid acknowledgment of parentage 22
under sections 39 to 52, inclusive, of this act. 23
Sec. 14. “Donor” means a person who provides gametes 24
intended for use in assisted reproduction, whether or not for 25
consideration. The term does not include: 26
1. A person who gives birth to a child conceived by assisted 27
reproduction, except as otherwise provided in NRS 126.500 to 28
126.810, inclusive, and sections 91 and 92 of this act; or 29
2. A parent or an intended parent under NRS 126.500 to 30
126.810, inclusive, and sections 91 and 92 of this act. 31
Sec. 15. “Gamete” means a sperm or egg. 32
Sec. 16. “Genetic testing” means an analysis of genetic 33
markers to identify or exclude a genetic relationship. 34
Sec. 17. “Intended parent” means a person, married or 35
unmarried, or in or not in a domestic partnership, who manifests 36
an intent to be legally bound as a parent of a child conceived by 37
assisted reproduction. 38
Sec. 18. “Parent” means a person who has established a 39
parent and child relationship under section 35 of this act. 40
Sec. 19. “Parentage” or “parent and child relationship” 41
means the legal relationship between a child and a parent of the 42
child. 43
Sec. 20. “Person” means a natural person of any age. 44
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Sec. 21. “Presumed parent” means a person who under 1
section 38 of this act is presumed to be a parent of a child, unless 2
the presumption is overcome in a judicial proceeding, a valid 3
denial of parentage is made under sections 39 to 52, inclusive, of 4
this act or a court adjudicates the person to be a parent. 5
Sec. 22. “Record” means information that is inscribed on a 6
tangible medium or that is stored in an electronic or other medium 7
and is retrievable in perceivable form. 8
Sec. 23. “Sign” means, with present intent to authenticate or 9
adopt a record: 10
1. To execute or adopt a tangible symbol; or 11
2. To attach to or logically associate with the record an 12
electronic symbol, sound or process. 13
Sec. 24. “Signatory” means a person who signs a record. 14
Sec. 25. “State” means a state of the United States, the 15
District of Columbia, Puerto Rico, the United States Virgin 16
Islands or any territory or insular possession under the 17
jurisdiction of the United States. The term includes a federally 18
recognized Indian tribe. 19
Sec. 26. “Transfer” means a procedure for assisted 20
reproduction by which an embryo is placed in the body of the 21
person who will give birth to the child. 22
Sec. 27. “Witnessed” means that at least one person who is 23
authorized to sign has signed a record to verify that the person 24
personally observed a signatory sign the record. 25
Sec. 28. As used in this chapter, unless the context otherwise 26
requires, any reference to the father of a child or the mother of a 27
child includes a parent of any gender, and any reference to 28
paternity is equally applicable to parentage. 29
Sec. 29. Sections 29 to 90, inclusive, of this act may be cited 30
as the Uniform Parentage Act (2017). 31
Sec. 30. 1. Sections 29 to 90, inclusive, of this act apply to 32
an adjudication or determination of parentage. 33
2. Sections 29 to 90, inclusive, of this act do not create, affect, 34
enlarge or diminish parental rights or duties under law of this 35
State other than sections 29 to 90, inclusive, of this act. 36
Sec. 31. Each district court may adjudicate parentage under 37
sections 29 to 90, inclusive, of this act. 38
Sec. 32. In any proceeding in which a court of this State has 39
jurisdiction to determine the parentage of a child, the court shall 40
apply the law of this State to adjudicate parentage. The applicable 41
law does not depend on: 42
1. The place of birth of the child; or 43
2. The past or present residence of the child. 44
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Sec. 33. A proceeding under sections 29 to 90, inclusive, of 1
this act is subject to the laws of this State other than sections 29 to 2
90, inclusive, of this act which govern the health, safety, privacy 3
and liberty of a child or other person who could be affected by 4
disclosure of information that could identify the child or other 5
person, including, without limitation, the address, telephone 6
number, digital contact information, place of employment, social 7
security number and child’s day care facility or school. 8
Sec. 34. To the extent practicable, a provision of sections 29 9
to 90, inclusive, of this act applicable to a father and child 10
relationship applies to a mother and child relationship and a 11
provision of sections 29 to 90, inclusive, of this act applicable to a 12
mother and child relationship applies to a father and child 13
relationship. 14
Sec. 35. A parent and child relationship is established 15
between a person and a child if: 16
1. The person gives birth to the child, except as otherwise 17
provided in NRS 126.500 to 126.810, inclusive, and sections 91 18
and 92 of this act; 19
2. There is a presumption under section 38 of this act of the 20
person’s parentage of the child, unless the presumption is 21
overcome in a judicial proceeding or a valid denial of parentage is 22
made under sections 39 to 52, inclusive, of this act; 23
3. The person is adjudicated a parent of the child by a court 24
of this State or any other state; 25
4. The person adopts the child; 26
5. The person acknowledges parentage of the child under 27
sections 39 to 52, inclusive, of this act, unless the acknowledgment 28
is rescinded under section 46 of this act or successfully challenged 29
under sections 39 to 52, inclusive, or 68 to 88, inclusive, of this 30
act; or 31
6. The person’s parentage of the child is established under 32
NRS 126.500 to 126.810, inclusive, and sections 91 and 92 of this 33
act. 34
Sec. 36. A parent and child relationship extends equally to 35
every child and parent, regardless of the marital status of the 36
parent. 37
Sec. 37. Unless parental rights are terminated, a parent and 38
child relationship established under sections 29 to 90, inclusive, of 39
this act applies for all purposes. 40
Sec. 38. 1. A person is presumed to be a parent of a child 41
if: 42
(a) Except as otherwise provided under NRS 126.500 to 43
126.810, inclusive, and sections 91 and 92 of this act or law of this 44
State other than sections 29 to 90, inclusive, of this act: 45
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(1) The person and the person who gave birth to the child 1
are married to or in a domestic partnership with each other and 2
the child is born during the marriage or domestic partnership, 3
whether the marriage or domestic partnership is or could be 4
declared invalid; 5
(2) The person and the person who gave birth to the child 6
were married to or in a domestic partnership with each other and 7
the child is born not later than 300 days after the marriage or 8
domestic partnership is terminated by death, divorce, dissolution, 9
annulment or declaration of invalidity, or after a decree of 10
separation or separate maintenance, whether the marriage or 11
domestic partnership is or could be declared invalid; or 12
(3) The person and the person who gave birth to the child 13
married or entered into a domestic partnership with each other 14
after the birth of the child, whether the marriage or domestic 15
partnership is or could be declared invalid, the person at any time 16
asserted parentage of the child, and: 17
(I) The assertion is in a record filed with the State 18
Registrar of Vital Statistics; or 19
(II) The person agreed to be and is named as a parent of 20
the child on the birth certificate of the child; or 21
(b) The person resided in the same household with the child 22
for the first 2 years of the life of the child, including any period of 23
temporary absence, and openly held out the child as the person’s 24
child. 25
2. A presumption of parentage under this section may be 26
overcome, and competing claims to parentage may be resolved, 27
only by an adjudication under sections 68 to 88, inclusive, of this 28
act or a valid denial of parentage under sections 39 to 52, 29
inclusive, of this act. 30
Sec. 39. A person who gave birth to a child and an alleged 31
genetic parent of the child, intended parent under NRS 126.500 to 32
126.810, inclusive, and sections 91 and 92 of this act, or presumed 33
parent may sign an acknowledgment of parentage to establish the 34
parentage of the child. 35
Sec. 40. 1. An acknowledgment of parentage under section 36
39 of this act must: 37
(a) Be in a record signed by the person who gave birth to the 38
child and by the person seeking to establish a parent and child 39
relationship, and the signatures must be attested by an electronic 40
notary public or other notarial officer or witnessed; 41
(b) State that the child whose parentage is being 42
acknowledged: 43
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(1) Does not have a presumed parent other than the person 1
seeking to establish the parent and child relationship or has a 2
presumed parent whose full name is stated; and 3
(2) Does not have another acknowledged parent, 4
adjudicated parent or person who is a parent of the child under 5
NRS 126.500 to 126.810, inclusive, and sections 91 and 92 of this 6
act other than the person who gave birth to the child; and 7
(c) State that the signatories understand that the 8
acknowledgment is the equivalent of an adjudication of parentage 9
of the child and that a challenge to the acknowledgment is 10
permitted only under limited circumstances and is barred 2 years 11
after the effective date of the acknowledgment. 12
2. An acknowledgment of parentage is void if, at the time of 13
signing: 14
(a) A person other than the person seeking to establish 15
parentage is a presumed parent, unless a denial of parentage by 16
the presumed parent in a signed record is filed with the State 17
Registrar of Vital Statistics; or 18
(b) A person, other than the person who gave birth to the child 19
or the person seeking to establish parentage, is an acknowledged 20
or adjudicated parent or a parent under NRS 126.500 to 126.810, 21
inclusive, and sections 91 and 92 of this act. 22
Sec. 41. A presumed parent or alleged genetic parent may 23
sign a denial of parentage in a record. The denial of parentage is 24
valid only if: 25
1. An acknowledgment of parentage by another person is 26
filed under section 43 of this act; 27
2. The signature of the presumed parent or alleged genetic 28
parent is attested by an electronic notary public or other notarial 29
officer or witnessed; and 30
3. The presumed parent or alleged genetic parent has not 31
previously: 32
(a) Completed a valid acknowledgment of parentage for the 33
same child, unless the previous acknowledgment was rescinded 34
under section 46 of this act or challenged successfully under 35
section 47 of this act; or 36
(b) Been adjudicated to be a parent of the child. 37
Sec. 42. 1. An acknowledgment of parentage and a denial 38
of parentage may be contained in a single document or may be in 39
counterparts and may be filed with the State Registrar of Vital 40
Statistics separately or simultaneously. If filing of the 41
acknowledgment and denial both are required under sections 29 to 42
90, inclusive, of this act, neither is effective until both are filed. 43
2. An acknowledgment of parentage or denial of parentage 44
may only be signed after the birth of the child. 45
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3. Subject to subsection 1, an acknowledgment of parentage 1
or denial of parentage takes effect on the filing of the document 2
with the State Registrar of Vital Statistics. 3
4. An acknowledgment of parentage or denial of parentage 4
signed by a person who is a minor is valid if the acknowledgment 5
complies with sections 29 to 90, inclusive, of this act. 6
Sec. 43. 1. Except as otherwise provided in sections 46 and 7
47 of this act, an acknowledgment of parentage that complies with 8
sections 39 to 52, inclusive, of this act and is filed with the State 9
Registrar of Vital Statistics is equivalent to an adjudication of 10
parentage of the child and confers on the acknowledged parent all 11
rights and duties of a parent. 12
2. Except as otherwise provided in sections 46 and 47 of this 13
act, a denial of parentage by a presumed parent or alleged genetic 14
parent which complies with sections 39 to 52, inclusive, of this act 15
and is filed with the State Registrar of Vital Statistics with an 16
acknowledgment of parentage that complies with sections 39 to 52, 17
inclusive, of this act is equivalent to an adjudication of the 18
nonparentage of the presumed parent or alleged genetic parent 19
who signed the denial and discharges the presumed parent or 20
alleged genetic parent who signed the denial from all rights and 21
duties of a parent. 22
Sec. 44. The State Registrar of Vital Statistics may not 23
charge a fee for filing an acknowledgment of parentage or denial 24
of parentage. 25
Sec. 45. A court conducting a judicial proceeding or an 26
administrative agency conducting an administrative proceeding is 27
not required or permitted to ratify an unchallenged 28
acknowledgment of parentage. A court may determine that a 29
person who signed an acknowledgment of parentage is a parent in 30
a later proceeding based on other grounds. 31
Sec. 46. 1. A signatory may rescind an acknowledgment of 32
parentage or denial of parentage by filing with the State Registrar 33
of Vital Statistics a rescission in a signed record which is attested 34
by an electronic notary public or notarial officer or witnessed, 35
before the earlier of: 36
(a) Sixty days after the effective date under section 42 of this 37
act of the acknowledgment or denial; or 38
(b) The date of the first hearing before a court in a proceeding, 39
to which the signatory is a party, to adjudicate an issue relating to 40
the child, including a proceeding that establishes support. 41
2. If an acknowledgment of parentage is rescinded under 42
subsection 1, an associated denial of parentage is invalid, and the 43
State Registrar of Vital Statistics shall notify the person who gave 44
birth to the child and the person who signed a denial of parentage 45
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of the child that the acknowledgment has been rescinded. Failure 1
to give the notice required by this subsection does not affect the 2
validity of the rescission. 3
Sec. 47. 1. After the period for rescission under section 46 4
of this act expires, but not later than 2 years after the effective date 5
under section 42 of this act of an acknowledgment of parentage or 6
denial of parentage, a signatory of the acknowledgment or denial 7
may commence a proceeding to challenge the acknowledgment or 8
denial only on the basis of fraud, duress or material mistake of 9
fact. 10
2. A challenge to an acknowledgment of parentage or denial 11
of parentage by a person who was not a signatory to the 12
acknowledgment or denial is governed by section 77 of this act. 13
Sec. 48. 1. Every signatory to an acknowledgment of 14
parentage and any related denial of parentage must be made a 15
party to a proceeding to challenge the acknowledgment or denial. 16
2. By signing an acknowledgment of parentage or denial of 17
parentage, a signatory submits to personal jurisdiction in this 18
State in a proceeding to challenge the acknowledgment or denial, 19
effective on the filing of the acknowledgment or denial with the 20
State Registrar of Vital Statistics. 21
3. The court may not suspend the legal responsibilities 22
arising from an acknowledgment of parentage, including the duty 23
to pay child support, during the pendency of a proceeding to 24
challenge the acknowledgment or a related denial of parentage, 25
unless the party challenging the acknowledgment or denial shows 26
good cause. 27
4. A party challenging an acknowledgment of parentage or 28
denial of parentage has the burden of proof. 29
5. If the court determines that a party has satisfied the burden 30
of proof under subsection 4, the court shall order the State 31
Registrar of Vital Statistics to amend the birth record of the child 32
to reflect the legal parentage of the child. 33
6. A proceeding to challenge an acknowledgment of 34
parentage or denial of parentage must be conducted under 35
sections 68 to 88, inclusive, of this act. 36
Sec. 49. The court shall give full faith and credit to an 37
acknowledgment of parentage or denial of parentage effective in 38
another state if the acknowledgment or denial was in a signed 39
record and otherwise complies with the law of the other state. 40
Sec. 50. A valid acknowledgment of parentage or denial of 41
parentage is not affected by a later modification of the declaration 42
developed by the State Board of Health pursuant to NRS 440.285. 43
Sec. 51. The State Registrar of Vital Statistics may release 44
information relating to an acknowledgment of parentage or denial 45
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of parentage to a signatory of the acknowledgment or denial, a 1
court, federal agency, agency which provides child welfare 2
services and child support agency of this or another state. 3
Sec. 52. The State Board of Health may adopt any 4
regulations that are necessary to implement sections 39 to 52, 5
inclusive, of this act. 6
Sec. 53. As used in sections 53 to 67, inclusive, of this act, 7
unless the context otherwise requires, the words and terms defined 8
in sections 54, 55 and 56 of this act have the meanings ascribed to 9
them in those sections. 10
Sec. 54. “Ethnic or racial group” means, for the purpose of 11
genetic testing, a recognized group that a person identifies as the 12
person’s ancestry or part of the ancestry or that is identified by 13
other information. 14
Sec. 55. “Hypothesized genetic relationship” means an 15
asserted genetic relationship between a person and a child. 16
Sec. 56. “Relationship index” means a likelihood ratio that 17
compares the probability of a genetic marker given a hypothesized 18
genetic relationship and the probability of the genetic marker 19
given a genetic relationship between the child and a random 20
person of the ethnic or racial group used in the hypothesized 21
genetic relationship. 22
Sec. 57. 1. Sections 53 to 67, inclusive, of this act govern 23
genetic testing of a person in a proceeding to adjudicate 24
parentage, whether the person: 25
(a) Voluntarily submits to testing; or 26
(b) Is tested under an order of the court or as a result of the 27
facilitation of a child support agency. 28
2. Genetic testing may not be used: 29
(a) To challenge the parentage of a person who is a parent 30
under NRS 126.500 to 126.810, inclusive, and sections 91 and 92 31
of this act; or 32
(b) To establish the parentage of a person who is a donor. 33
Sec. 58. 1. Except as otherwise provided in sections 53 to 34
67, inclusive, or 68 to 88, inclusive, of this act, in a proceeding 35
under sections 29 to 90, inclusive, of this act to determine 36
parentage, the court shall order the child and any other person to 37
submit to genetic testing if a request for testing is supported by the 38
sworn statement of a party: 39
(a) Alleging a reasonable possibility that the person is the 40
child’s genetic parent; or 41
(b) Denying genetic parentage of the child and stating facts 42
establishing a reasonable possibility that the person is not a 43
genetic parent. 44
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2. A child support agency may facilitate genetic testing only if 1
there is no acknowledged or adjudicated parent of a child other 2
than the person who gave birth to the child. 3
3. The court may not order, and a child support agency may 4
not facilitate, in utero genetic testing. 5
4. If two or more persons are subject to court-ordered genetic 6
testing, the court may order that testing be completed concurrently 7
or sequentially. 8
5. Genetic testing of a person who gave birth to a child is not 9
a condition precedent to testing of the child and a person whose 10
genetic parentage of the child is being determined. If the person 11
who gave birth to the child is unavailable or declines to submit to 12
genetic testing, the court may order genetic testing of the child and 13
each person whose genetic parentage of the child is being 14
adjudicated. 15
6. In a proceeding to adjudicate the parentage of a child 16
having a presumed parent or a person who claims to be a parent 17
under section 76 of this act, or to challenge an acknowledgment of 18
parentage, the court may deny a motion for genetic testing of the 19
child and any other person after considering the factors in 20
subsections 1 and 2 of section 80 of this act. 21
7. If a person requesting genetic testing is barred under 22
sections 68 to 88, inclusive, of this act from establishing the 23
person’s parentage, the court shall deny the request for genetic 24
testing. 25
8. An order under this section for genetic testing is 26
enforceable by contempt. 27
Sec. 59. 1. Genetic testing must be of a type reasonably 28
relied on by experts in the field of genetic testing and performed in 29
a testing laboratory accredited by: 30
(a) The AABB, formerly known as the American Association 31
of Blood Banks, or a successor to its functions; or 32
(b) An accrediting body designated by the Secretary of the 33
United States Department of Health and Human Services. 34
2. A specimen used in genetic testing may consist of a sample 35
or a combination of samples of blood, buccal cells, bone, hair or 36
other body tissue or fluid. The specimen used in the testing need 37
not be of the same kind for each person undergoing genetic 38
testing. 39
3. Based on the ethnic or racial group of a person 40
undergoing genetic testing, a testing laboratory shall determine 41
the databases from which to select frequencies for use in 42
calculating a relationship index. If a person or a child support 43
agency objects to the laboratory’s choice, the following rules 44
apply: 45
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(a) Not later than 30 days after receipt of the report of the test, 1
the objecting person or child support agency may request the court 2
to require the laboratory to recalculate the relationship index 3
using an ethnic or racial group different from that used by the 4
laboratory. 5
(b) The person or the child support agency objecting to the 6
laboratory’s choice under this subsection shall: 7
(1) If the requested frequencies are not available to the 8
laboratory for the ethnic or racial group requested, provide the 9
requested frequencies compiled in a manner recognized by 10
accrediting bodies; or 11
(2) Engage another laboratory to perform the calculations. 12
(c) The laboratory may use its own statistical estimate if there 13
is a question which ethnic or racial group is appropriate. The 14
laboratory shall calculate the frequencies using statistics, if 15
available, for any other ethnic or racial group requested. 16
4. If, after recalculation of the relationship index under 17
subsection 3 using a different ethnic or racial group, genetic 18
testing under section 61 of this act does not identify a person as a 19
genetic parent of a child, the court may require a person who has 20
been tested to submit to additional genetic testing to identify a 21
genetic parent. 22
Sec. 60. 1. A report of genetic testing must be in a record 23
and signed under penalty of perjury by a designee of the testing 24
laboratory. A report complying with the requirements of sections 25
53 to 67, inclusive, of this act is self-authenticating. 26
2. Documentation from a testing laboratory of the following 27
information is sufficient to establish a reliable chain of custody 28
and allow the results of genetic testing to be admissible without 29
testimony: 30
(a) The name and photograph of each person whose specimen 31
has been taken; 32
(b) The name of the person who collected each specimen; 33
(c) The place and date each specimen was collected; 34
(d) The name of the person who received each specimen in the 35
testing laboratory; and 36
(e) The date each specimen was received. 37
Sec. 61. 1. Subject to a challenge under subsection 2, a 38
person is identified under sections 29 to 90, inclusive, of this act as 39
a genetic parent of a child if genetic testing complies with sections 40
53 to 67, inclusive, of this act and the results of the testing 41
disclose: 42
(a) The person has at least a 99-percent probability of 43
parentage, using a prior probability of 0.50, as calculated by using 44
the combined relationship index obtained in the testing; and 45
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(b) A combined relationship index of at least 100 to 1. 1
2. A person identified under subsection 1 as a genetic parent 2
of the child may challenge the genetic testing results only by other 3
genetic testing satisfying the requirements of sections 53 to 67, 4
inclusive, of this act which: 5
(a) Excludes the person as a genetic parent of the child; or 6
(b) Identifies another person as a possible genetic parent of the 7
child other than: 8
(1) The person who gave birth to the child; or 9
(2) The person identified under subsection 1. 10
3. Except as otherwise provided in section 66 of this act, if 11
more than one person other than the person who gave birth to the 12
child is identified by genetic testing as a possible genetic parent of 13
the child, the court shall order each person to submit to further 14
genetic testing to identify a genetic parent. 15
4. As used in this section: 16
(a) “Combined relationship index” means the product of all 17
tested relationship indices. 18
(b) “Probability of parentage” means, for the ethnic or racial 19
group to which a person alleged to be a parent belongs, the 20
probability that a hypothesized genetic relationship is supported, 21
compared to the probability that a genetic relationship is 22
supported between the child and a random person of the ethnic or 23
racial group used in the hypothesized genetic relationship, 24
expressed as a percentage incorporating the combined 25
relationship index and a prior probability. 26
Sec. 62. 1. Subject to assessment of fees under sections 68 27
to 88, inclusive, of this act, payment of the cost of initial genetic 28
testing must be made in advance: 29
(a) By the person who made the request for genetic testing; 30
(b) As agreed by the parties; or 31
(c) As ordered by the court. 32
2. If the cost of genetic testing is paid by a child support 33
agency, the agency may seek reimbursement from the genetic 34
parent whose parent and child relationship is established. 35
Sec. 63. The court shall order, or a child support agency may 36
facilitate, additional genetic testing on request of a person who 37
contests the result of the initial testing under section 61 of this act. 38
If initial genetic testing under section 61 of this act identified a 39
person as a genetic parent of the child, the court may not order, 40
and a child support agency may not facilitate, additional testing 41
unless the contesting person pays for the testing in advance. 42
Sec. 64. 1. Subject to subsection 2, if a genetic-testing 43
specimen is not available from an alleged genetic parent of a 44
child, a person seeking genetic testing demonstrates good cause 45
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and the court finds that the circumstances are just, the court may 1
order any of the following persons to submit specimens for genetic 2
testing: 3
(a) A parent of the alleged genetic parent; 4
(b) A sibling of the alleged genetic parent; 5
(c) Another child of the alleged genetic parent and the person 6
who gave birth to the other child; and 7
(d) Another relative of the alleged genetic parent necessary to 8
complete genetic testing. 9
2. To issue an order under this section, the court must find 10
that a need for genetic testing outweighs the legitimate interests of 11
the person sought to be tested. 12
Sec. 65. If a person seeking genetic testing demonstrates 13
good cause, the court may order genetic testing of a deceased 14
person. 15
Sec. 66. 1. If the court finds there is reason to believe that 16
an alleged genetic parent has an identical sibling and evidence 17
that the sibling may be a genetic parent of the child, the court may 18
order genetic testing of the sibling. 19
2. If more than one sibling is identified under section 61 of 20
this act as a genetic parent of the child, the court may rely on 21
nongenetic evidence to adjudicate which sibling is a genetic parent 22
of the child. 23
Sec. 67. 1. Release of a report of genetic testing for 24
parentage is controlled by law of this State other than sections 29 25
to 90, inclusive, of this act. 26
2. A person who intentionally releases an identifiable 27
specimen of another person collected for genetic testing under 28
sections 53 to 67, inclusive, of this act for a purpose not relevant to 29
a proceeding regarding parentage, without a court order or written 30
permission of the person who furnished the specimen, is guilty of 31
a misdemeanor. 32
Sec. 68. 1. A proceeding may be commenced to adjudicate 33
the parentage of a child. Except as otherwise provided in sections 34
29 to 90, inclusive, of this act, the proceeding is governed by the 35
Nevada Rules of Civil Procedure. 36
2. A proceeding to adjudicate the parentage of a child born 37
under a gestational agreement is governed by NRS 126.500 to 38
126.810, inclusive, and sections 91 and 92 of this act. 39
3. As used in this section, “gestational agreement” has the 40
meaning ascribed to it in NRS 126.570. 41
Sec. 69. Except as otherwise provided in sections 39 to 52, 42
inclusive, and 75 to 78, inclusive, of this act, a proceeding to 43
adjudicate parentage may be maintained by: 44
1. The child; 45
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2. The person who gave birth to the child, unless a court has 1
adjudicated that the person who gave birth to the child is not a 2
parent; 3
3. A person who is a parent under sections 29 to 90, inclusive, 4
of this act; 5
4. A person whose parentage of the child is to be adjudicated; 6
5. A child support agency or other governmental agency 7
authorized by law of this State other than sections 29 to 90, 8
inclusive, of this act; 9
6. An adoption agency authorized by law of this State other 10
than sections 29 to 90, inclusive, of this act or licensed child-11
placing agency; 12
7. A representative authorized by law of this State other than 13
sections 29 to 90, inclusive, of this act to act for a person who 14
otherwise would be entitled to maintain a proceeding but is 15
deceased, incapacitated or a minor; or 16
8. An agency which provides child welfare services in a 17
proceeding pursuant to chapter 432B of NRS. 18
Sec. 70. 1. The petitioner shall give notice of a proceeding 19
to adjudicate parentage to the following persons, if the 20
whereabouts of the person are known: 21
(a) The person who gave birth to the child, unless a court has 22
adjudicated that the person who gave birth to the child is not a 23
parent; 24
(b) A person who is a parent of the child under sections 29 to 25
90, inclusive, of this act; 26
(c) A presumed, acknowledged or adjudicated parent of the 27
child; and 28
(d) A person whose parentage of the child is to be adjudicated. 29
2. A person entitled to notice under subsection 1 has a right 30
to intervene in the proceeding. 31
3. Lack of notice required by subsection 1 does not render a 32
judgment void. Lack of notice does not preclude a person entitled 33
to notice under subsection 1 from bringing a proceeding under 34
subsection 2 of section 78 of this act. 35
Sec. 71. 1. The court may adjudicate a person’s parentage 36
of a child only if the court has personal jurisdiction over the 37
person. 38
2. A court of this State with jurisdiction to adjudicate 39
parentage may exercise personal jurisdiction over a nonresident if 40
the conditions prescribed in NRS 130.201 are satisfied. 41
3. Lack of jurisdiction over one person does not preclude the 42
court from making an adjudication of parentage binding on 43
another person. 44
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Sec. 72. Venue for a proceeding to adjudicate parentage is in 1
the county of this State in which: 2
1. The child resides or is located; 3
2. If the child does not reside in this State, the respondent 4
resides or is located; 5
3. A proceeding has been commenced for administration of 6
the estate of a person who is or may be a parent under sections 29 7
to 90, inclusive, of this act; or 8
4. A proceeding has been commenced to protect a child from 9
abuse or neglect pursuant to chapter 432B of NRS. 10
Sec. 73. 1. Except as otherwise provided in subsection 2 of 11
section 57 of this act, the court shall admit a report of genetic 12
testing ordered by the court under section 58 of this act as 13
evidence of the truth of the facts asserted in the report. 14
2. A party may object to the admission of a report described 15
in subsection 1, not later than 14 days after the party receives the 16
report. The party shall cite specific grounds for exclusion. 17
3. A party that objects to the results of genetic testing may 18
call a genetic-testing expert to testify in person or by another 19
method approved by the court. Unless the court orders otherwise, 20
the party offering the testimony bears the expense for the expert 21
testifying. 22
4. Admissibility of a report of genetic testing is not affected by 23
whether the testing was performed: 24
(a) Voluntarily, under an order of the court or as a result of 25
the facilitation of a child support agency; or 26
(b) Before, on or after commencement of the proceeding. 27
Sec. 74. 1. A proceeding to determine whether an alleged 28
genetic parent who is not a presumed parent is a parent of a child 29
may be commenced: 30
(a) Before the child becomes an adult; or 31
(b) After the child becomes an adult, but only if the child 32
initiates the proceeding. 33
2. This subsection applies in a proceeding described in 34
subsection 1 if the person who gave birth to the child is the only 35
other person with a claim to parentage of the child. The court 36
shall adjudicate an alleged genetic parent to be a parent of the 37
child if the alleged genetic parent: 38
(a) Is identified under section 61 of this act as a genetic parent 39
of the child and the identification is not successfully challenged 40
under section 61 of this act; 41
(b) Admits parentage in a pleading, when making an 42
appearance or during a hearing, the court accepts the admission 43
and the court determines the alleged genetic parent to be a parent 44
of the child; 45
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(c) Declines to submit to genetic testing ordered by the court or 1
facilitated by a child support agency, in which case the court may 2
adjudicate the alleged genetic parent to be a parent of the child 3
even if the alleged genetic parent denies a genetic relationship 4
with the child; 5
(d) Is in default after service of process and the court 6
determines the alleged genetic parent to be a parent of the child; 7
or 8
(e) Is neither identified nor excluded as a genetic parent by 9
genetic testing and, based on other evidence, the court determines 10
the alleged genetic parent to be a parent of the child. 11
3. Subject to other limitations in sections 73 to 80, inclusive, 12
of this act, if in a proceeding involving an alleged genetic parent, 13
at least one other person in addition to the person who gave birth 14
to the child has a claim to parentage of the child, the court shall 15
adjudicate parentage under section 80 of this act. 16
Sec. 75. 1. A proceeding to determine whether a presumed 17
parent is a parent of a child may be commenced: 18
(a) Before the child becomes an adult; or 19
(b) After the child becomes an adult, but only if the child 20
initiates the proceeding. 21
2. A presumption of parentage under section 38 of this act 22
cannot be overcome after the child attains 2 years of age unless 23
the court determines: 24
(a) The presumed parent is not a genetic parent, never resided 25
with the child and never held out the child as the presumed 26
parent’s child; or 27
(b) The child has more than one presumed parent. 28
3. The following rules apply in a proceeding to adjudicate a 29
presumed parent’s parentage of a child if the person who gave 30
birth to the child is the only other person with a claim to parentage 31
of the child: 32
(a) If there is not a party to the proceeding who challenges the 33
presumed parent’s parentage of the child, the court shall 34
adjudicate the presumed parent to be a parent of the child. 35
(b) If the presumed parent is identified under section 61 of this 36
act as a genetic parent of the child and that identification is not 37
successfully challenged under section 61 of this act, the court 38
shall adjudicate the presumed parent to be a parent of the child. 39
(c) If the presumed parent is not identified under section 61 of 40
this act as a genetic parent of the child and the presumed parent 41
or the person who gave birth to the child challenges the presumed 42
parent’s parentage of the child, the court shall adjudicate the 43
parentage of the child in the best interest of the child based on the 44
factors under subsections 1 and 2 of section 80 of this act. 45
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4. Subject to other limitations in sections 73 to 80, inclusive, 1
of this act, if in a proceeding to adjudicate a presumed parent’s 2
parentage of a child, another person in addition to the person who 3
gave birth to the child asserts a claim to parentage of the child, the 4
court shall adjudicate parentage under section 80 of this act. 5
Sec. 76. 1. A proceeding to establish parentage of a child 6
under this section may be commenced only by a person who: 7
(a) Is alive when the proceeding is commenced; and 8
(b) Claims to be a de facto parent of the child. 9
2. A person who claims to be a de facto parent of a child must 10
commence a proceeding to establish parentage of a child under 11
this section: 12
(a) Before the child attains 18 years of age; and 13
(b) While the child is alive. 14
3. The following rules govern standing of a person who 15
claims to be a de facto parent of a child to maintain a proceeding 16
under this section: 17
(a) The person must file an initial verified pleading alleging 18
specific facts that support the claim to parentage of the child 19
asserted under this section. The verified pleading must be served 20
on all parents and legal guardians of the child and any other party 21
to the proceeding. 22
(b) An adverse party, parent or legal guardian may file a 23
pleading in response to the pleading filed under paragraph (a). A 24
responsive pleading must be verified and must be served on parties 25
to the proceeding. 26
(c) Unless the court finds a hearing is necessary to determine 27
disputed facts material to the issue of standing, the court shall 28
determine, based on the pleadings under paragraphs (a) and (b), 29
whether the person has alleged facts sufficient to satisfy by a 30
preponderance of the evidence the requirements of paragraphs (a) 31
to (g), inclusive, of subsection 4. If the court holds a hearing 32
under this subsection, the hearing must be held on an expedited 33
basis. 34
4. In a proceeding to adjudicate parentage of a person who 35
claims to be a de facto parent of the child, if there is only one 36
other person who is a parent or has a claim to parentage of the 37
child, the court shall adjudicate the person who claims to be a de 38
facto parent to be a parent of the child if the person demonstrates 39
by clear and convincing evidence that: 40
(a) The person resided with the child as a regular member of 41
the child’s household for a significant period; 42
(b) The person engaged in consistent caretaking of the child; 43
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(c) The person undertook full and permanent responsibilities 1
of a parent of the child without expectation of financial 2
compensation; 3
(d) The person held out the child as the person’s child; 4
(e) The person established a bonded and dependent 5
relationship with the child which is parental in nature; 6
(f) Another parent of the child fostered or supported the 7
bonded and dependent relationship required under paragraph (e); 8
and 9
(g) Continuing the relationship between the person and the 10
child is in the best interest of the child. 11
5. Subject to other limitations in sections 73 to 80, inclusive, 12
of this act, if in a proceeding to adjudicate parentage of a person 13
who claims to be a de facto parent of the child, there is more than 14
one other person who is a parent or has a claim to parentage of 15
the child and the court determines that the requirements of 16
subsection 4 are satisfied, the court shall adjudicate parentage 17
under section 80 of this act. 18
Sec. 77. 1. If a child has an acknowledged parent, a 19
proceeding to challenge the acknowledgment of parentage or a 20
denial of parentage, brought by a signatory to the 21
acknowledgment or denial, is governed by sections 47 and 48 of 22
this act. 23
2. If a child has an acknowledged parent, the following rules 24
apply in a proceeding to challenge the acknowledgment of 25
parentage or a denial of parentage brought by a person, other 26
than the child, who has standing under section 69 of this act and 27
was not a signatory to the acknowledgment or denial: 28
(a) The person must commence the proceeding not later than 2 29
years after the effective date of the acknowledgment. 30
(b) The court may permit the proceeding only if the court finds 31
permitting the proceeding is in the best interest of the child. 32
(c) If the court permits the proceeding, the court shall 33
adjudicate parentage under section 79 of this act. 34
Sec. 78. 1. If a child has an adjudicated parent, a 35
proceeding to challenge the adjudication, brought by a person who 36
was a party to the adjudication or received notice under section 70 37
of this act, is governed by the rules governing a collateral attack 38
on a judgment. 39
2. If a child has an adjudicated parent, the following rules 40
apply to a proceeding to challenge the adjudication of parentage 41
brought by a person, other than the child, who has standing under 42
section 69 of this act and was not a party to the adjudication and 43
did not receive notice under section 70 of this act: 44
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(a) The person must commence the proceeding not later than 2 1
years after the effective date of the adjudication. 2
(b) The court may permit the proceeding only if the court finds 3
permitting the proceeding is in the best interest of the child. 4
(c) If the court permits the proceeding, the court shall 5
adjudicate parentage under section 80 of this act. 6
Sec. 79. 1. A person who is a parent under NRS 126.500 to 7
126.810, inclusive, and sections 91 and 92 of this act or the person 8
who gave birth to the child may bring a proceeding to adjudicate 9
parentage. If the court determines the person is a parent under 10
NRS 126.500 to 126.810, inclusive, and sections 91 and 92 of this 11
act, the court shall adjudicate the person to be a parent of the 12
child. 13
2. In a proceeding to adjudicate a person’s parentage of a 14
child, if another person other than the person who gave birth to 15
the child is a parent under NRS 126.500 to 126.810, inclusive, and 16
sections 91 and 92 of this act, the court shall adjudicate the 17
person’s parentage of the child under section 80 of this act. 18
Sec. 80. 1. In a proceeding to adjudicate competing claims 19
of, or challenges under subsection 3 of section 75 of this act or 20
section 77 or 78 of this act, to parentage of a child by two or more 21
persons, the court shall adjudicate parentage in the best interest of 22
the child, based on: 23
(a) The age of the child; 24
(b) The length of time during which each person assumed the 25
role of parent of the child; 26
(c) The nature of the relationship between the child and each 27
person; 28
(d) The harm to the child if the relationship between the child 29
and each person is not recognized; 30
(e) The basis for each person’s claim to parentage of the child; 31
and 32
(f) Other equitable factors arising from the disruption of the 33
relationship between the child and each person or the likelihood of 34
other harm to the child. 35
2. If a person challenges parentage based on the results of 36
genetic testing, in addition to the factors listed in subsection 1, the 37
court shall consider: 38
(a) The facts surrounding the discovery the person might not 39
be a genetic parent of the child; and 40
(b) The length of time between the time that the person was 41
placed on notice that the person might not be a genetic parent and 42
the commencement of the proceeding. 43
3. The court may adjudicate a child to have more than two 44
parents under sections 29 to 90, inclusive, of this act if the court 45
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finds that failure to recognize more than two parents would be 1
detrimental to the child. A finding of detriment to the child does 2
not require a finding of unfitness of any parent or person seeking 3
an adjudication of parentage. In determining detriment to the 4
child, the court shall consider all relevant factors, including the 5
harm if the child is removed from a stable placement with a person 6
who has fulfilled the child’s physical needs and psychological 7
needs for care and affection and has assumed the role for a 8
substantial period. 9
Sec. 81. 1. In a proceeding under sections 68 to 88, 10
inclusive, of this act, the court may issue a temporary order for 11
child support if the order is consistent with the law of this State 12
other than sections 29 to 90, inclusive, of this act and the person 13
ordered to pay support is: 14
(a) A presumed parent of the child; 15
(b) Petitioning to be adjudicated a parent; 16
(c) Identified as a genetic parent through genetic testing under 17
section 61 of this act; 18
(d) An alleged genetic parent who has declined to submit to 19
genetic testing; 20
(e) Shown by clear and convincing evidence to be a parent of 21
the child; or 22
(f) A parent under sections 29 to 90, inclusive, of this act. 23
2. A temporary order may include a provision for custody and 24
visitation under law of this State other than sections 29 to 90, 25
inclusive, of this act. 26
Sec. 82. 1. Except as otherwise provided in subsection 2, 27
the court may combine a proceeding to adjudicate parentage 28
under sections 29 to 90, inclusive, of this act with a proceeding for 29
adoption, termination of parental rights, protection of a child from 30
abuse or neglect pursuant to chapter 432B of NRS, child custody 31
or visitation, child support, divorce, dissolution, annulment, 32
declaration of invalidity, legal separation or separate 33
maintenance, administration of an estate or other appropriate 34
proceeding. 35
2. A respondent may not combine a proceeding described in 36
subsection 1 with a proceeding to adjudicate parentage brought 37
under NRS 130.0902 to 130.802, inclusive. 38
Sec. 83. Except as otherwise provided in NRS 126.500 to 39
126.810, inclusive, and sections 91 and 92 of this act, a proceeding 40
to adjudicate parentage may be commenced before the birth of the 41
child and an order or judgment may be entered before birth, but 42
enforcement of the order or judgment must be stayed until the 43
birth of the child. 44
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Sec. 84. 1. A minor child is a permissive party but not a 1
necessary party to a proceeding under sections 68 to 88, inclusive, 2
of this act. 3
2. The court shall appoint a guardian ad litem to represent a 4
child in a proceeding under sections 68 to 88, inclusive, of this act 5
if the court finds that the interests of the child are not adequately 6
represented. 7
Sec. 85. The court shall adjudicate parentage of a child 8
without a jury. 9
Sec. 86. The court may dismiss a proceeding under sections 10
29 to 90, inclusive, of this act for want of prosecution only without 11
prejudice. An order of dismissal for want of prosecution 12
purportedly with prejudice is void and has only the effect of a 13
dismissal without prejudice. 14
Sec. 87. 1. An order adjudicating parentage must identify 15
the child in a manner provided by law of this State other than 16
sections 29 to 90, inclusive, of this act. 17
2. Except as otherwise provided in subsection 3, the court 18
may assess filing fees, reasonable attorney’s fees, fees for genetic 19
testing, other costs and necessary travel and other reasonable 20
expenses incurred in a proceeding under sections 68 to 88, 21
inclusive, of this act. Attorney’s fees awarded under this 22
subsection may be paid directly to the attorney and the attorney 23
may enforce the order in the attorney’s own name. 24
3. The court may not assess fees, costs or expenses in a 25
proceeding under sections 68 to 88, inclusive, of this act against a 26
child support agency of this State or another state, except as 27
provided by law of this State other than sections 29 to 90, 28
inclusive, of this act. 29
4. In a proceeding under sections 68 to 88, inclusive, of this 30
act, a copy of a bill for genetic testing or prenatal or postnatal 31
health care for the person who gave birth to the child and the 32
child, that is provided to the adverse party, excluding a child 33
support agency, not later than 10 days before a hearing, is 34
admissible to establish: 35
(a) The amount of the charge billed; and 36
(b) That the charge is reasonable and necessary. 37
5. On request of a party and for good cause, the court in a 38
proceeding under sections 68 to 88, inclusive, of this act may order 39
the name of the child changed. If the court order changing the 40
name varies from the name on the birth certificate of the child, the 41
court shall order the State Registrar of Vital Statistics to issue an 42
amended birth certificate. 43
Sec. 88. 1. Except as otherwise provided in subsection 2: 44
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(a) A signatory to an acknowledgment of parentage or denial 1
of parentage is bound by the acknowledgment and denial as 2
provided in sections 39 to 52, inclusive, of this act; and 3
(b) A party to an adjudication of parentage by a court acting 4
under circumstances that satisfy the jurisdiction requirements of 5
NRS 130.201 and any person who received notice of the 6
proceeding are bound by the adjudication. 7
2. A child is not bound by a determination of parentage under 8
sections 29 to 90, inclusive, of this act unless: 9
(a) The determination was based on an unrescinded 10
acknowledgment of parentage and the acknowledgment is 11
consistent with the results of genetic testing; 12
(b) The determination was based on a finding consistent with 13
the results of genetic testing, and the consistency is declared in the 14
determination or otherwise shown; 15
(c) The determination of parentage was made under NRS 16
126.500 to 126.810, inclusive, and sections 91 and 92 of this act; 17
or 18
(d) The child was a party or was represented by a guardian ad 19
litem in the proceeding. 20
3. In a proceeding for divorce, dissolution, annulment, 21
declaration of invalidity, legal separation or separate 22
maintenance, the court is deemed to have made an adjudication of 23
parentage of a child if the court acts under circumstances that 24
satisfy the jurisdiction requirements of NRS 130.201 and the final 25
order: 26
(a) Expressly identifies the child as a “child of the marriage” 27
or “issue of the marriage” or includes similar words indicating 28
that both spouses are parents of the child; or 29
(b) Provides for support of the child by a spouse or domestic 30
partner unless that spouse’s or domestic partner’s parentage of 31
the child is disclaimed specifically in the order. 32
4. Except as otherwise provided in subsection 2 or section 78 33
of this act, a determination of parentage may be asserted as a 34
defense in a subsequent proceeding seeking to adjudicate 35
parentage of a person who was not a party to the earlier 36
proceeding. 37
5. A party to an adjudication of parentage may challenge the 38
adjudication only under law of this State other than sections 29 to 39
90, inclusive, of this act relating to appeal, vacation of judgment 40
or other judicial review. 41
Sec. 89. In applying and construing this uniform act, 42
consideration must be given to the need to promote uniformity of 43
the law with respect to its subject matter among states that enact it. 44
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Sec. 90. Sections 29 to 90, inclusive, of this act modify, limit 1
and supersede the Electronic Signatures in Global and National 2
Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit 3
or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or 4
authorize electronic delivery of any of the notices described in 5
Section 103(b) of that act, 15 U.S.C. § 7003(b). 6
Sec. 91. 1. If a person who intends to be a parent of a child 7
conceived by assisted reproduction dies during the period between 8
the transfer of a gamete or embryo and the birth of the child, the 9
person’s death does not preclude the establishment of the person’s 10
parentage of the child if the person otherwise would be a parent of 11
the child under sections 29 to 90, inclusive, of this act. 12
2. If a person who consented in a record to assisted 13
reproduction by a person who agreed to give birth to a child dies 14
before a transfer of gametes or embryos, the deceased person is a 15
parent of a child conceived by the assisted reproduction only if: 16
(a) Either: 17
(1) The person consented in a record that if assisted 18
reproduction were to occur after the death of the person, the 19
person would be a parent of the child; or 20
(2) The person’s intent to be a parent of a child conceived 21
by assisted reproduction after the person’s death is established by 22
clear and convincing evidence; and 23
(b) Either: 24
(1) The embryo is in utero not later than 36 months after 25
the person’s death; or 26
(2) The child is born not later than 45 months after the 27
person’s death. 28
3. An intended parent is not a parent of a child conceived by 29
assisted reproduction under a gestational agreement if the 30
intended parent dies before the transfer of a gamete or embryo 31
unless: 32
(a) The agreement provides otherwise; and 33
(b) The transfer of a gamete or embryo occurs not later than 34
36 months after the death of the intended parent or birth of the 35
child occurs not later than 45 months after the death of the 36
intended parent. 37
Sec. 92. 1. A party to a gestational agreement may 38
terminate the agreement, at any time before an embryo transfer, 39
by giving notice of termination in a record to all other parties. If 40
an embryo transfer does not result in a pregnancy, a party may 41
terminate the agreement at any time before a subsequent embryo 42
transfer. 43
2. Unless a gestational agreement provides otherwise, on 44
termination of the agreement under subsection 1, the parties are 45
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released from the agreement, except that each intended parent 1
remains responsible for expenses that are reimbursable under the 2
agreement and incurred by the gestational carrier through the 3
date of termination. 4
3. Except in a case involving fraud, neither a gestational 5
carrier nor the gestational carrier’s spouse, domestic partner or 6
former spouse or domestic partner, if any, is liable to the intended 7
parent or parents for a penalty or liquidated damages, for 8
terminating a gestational agreement under this section. 9
Sec. 93. NRS 126.036 is hereby amended to read as follows: 10
126.036 1. The liberty interest of a parent in the care, custody 11
and management of the parent’s child is a fundamental right. 12
2. Nothing in this section shall be construed to: 13
(a) Authorize a parent to engage in any unlawful conduct or to 14
abuse or neglect a child in violation of the laws of this State. 15
(b) Prohibit courts, law enforcement officers or employees of an 16
agency which provides child welfare services from acting in their 17
official capacity within the scope of their authority. 18
3. Except as otherwise provided by specific statute, the 19
provisions of this section apply to any statute, local ordinance or 20
regulation and the implementation of such statute, local ordinance 21
or regulation regardless of whether such statute, local ordinance or 22
regulation was adopted or effective before, on or after October 1, 23
2013. 24
[4. As used in this section, “agency which provides child 25
welfare services” has the meaning ascribed to it in NRS 432B.030.] 26
Sec. 94. NRS 126.151 is hereby amended to read as follows: 27
126.151 1. [An action under this chapter is a civil action 28
governed by the Nevada Rules of Civil Procedure. The mother of 29
the child and the alleged father are competent to testify and may be 30
compelled to testify. Subsections 3 and 4 of NRS 126.111 and NRS 31
126.121 and 126.131 apply. 32
2.] In an action against an alleged [father,] genetic parent, 33
evidence offered by the alleged [father] genetic parent with respect 34
to [a man] another person who is not subject to the jurisdiction of 35
the court concerning that [man’s] person’s sexual intercourse with 36
the [mother] person who gave birth to the child at or about the 37
probable time of conception of the child is admissible in evidence 38
only if the alleged [father] genetic parent has undergone and made 39
available to the court [blood tests or tests for genetic identification,] 40
the results of genetic testing performed pursuant to sections 53 to 41
67, inclusive, of this act which show a probability less than 99 42
percent that the alleged [father] genetic parent is [the father] a 43
genetic parent of the child. 44
[3.] 2. The trial must be by the court without a jury. 45
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Sec. 95. NRS 126.161 is hereby amended to read as follows: 1
126.161 1. A judgment or order of a court, or a judgment or 2
order entered pursuant to an expedited process, determining the 3
existence or nonexistence of the relationship of parent and child is 4
determinative for all purposes. 5
2. If such a judgment or order of this State is at variance with 6
the child’s birth certificate, the judgment or order must direct that a 7
new birth certificate be issued as provided in NRS 440.270 to 8
440.340, inclusive. 9
3. If the child is a minor, such a judgment or order of this State 10
must provide for the child’s support as required by chapter 125B of 11
NRS and must include an order directing the withholding or 12
assignment of income for the payment of the support unless: 13
(a) One of the parties demonstrates and good cause is found by 14
the court, or pursuant to the expedited process, for the postponement 15
of the withholding or assignment; or 16
(b) All parties otherwise agree in writing. 17
4. Such a judgment or order of this State may: 18
(a) Contain any other provision directed against the appropriate 19
party to the proceeding, concerning the duty of support, the custody 20
and guardianship of the child, visitation with the child, the 21
furnishing of bond or other security for the payment of the 22
judgment, or any other matter in the best interest of the child. 23
(b) Direct [the father] a parent to pay the reasonable expenses of 24
the [mother’s] pregnancy and confinement [.] of the person who 25
gave birth to the child. The court may limit the [father’s] liability of 26
a parent for past support of the child to the proportion of the 27
expenses already incurred which the court deems just. 28
5. A court that enters such a judgment or order shall ensure that 29
the social security numbers of the [mother and father] parents are: 30
(a) Provided to the Division of Welfare and Supportive Services 31
of the Department of Health and Human Services. 32
(b) Placed in the records relating to the matter and, except as 33
otherwise required to carry out a specific statute, maintained in a 34
confidential manner. 35
6. A judgment or order issued pursuant to this chapter within a 36
proceeding held pursuant to chapter 432B of NRS: 37
(a) Is not subject to the provisions relating to the confidentiality 38
of judgments or orders set forth in chapter 432B of NRS; and 39
(b) Is a final order. 40
7. As used in this section, “expedited process” means [a 41
voluntary acknowledgment of paternity developed by the State 42
Board of Health pursuant to NRS 440.283,] a voluntary 43
acknowledgment of parentage developed by the State Board of 44
Health pursuant to NRS 440.285, judicial procedure or an 45
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- *AB424*
administrative procedure established by this or another state, as that 1
term is defined in NRS 130.10179, to facilitate the collection of an 2
obligation for the support of a child. 3
Sec. 96. NRS 126.201 is hereby amended to read as follows: 4
126.201 1. [At the pretrial hearing and in further 5
proceedings,] In any proceeding held pursuant to this chapter, any 6
party may be represented by counsel. If a party is financially unable 7
to obtain counsel, the court may appoint counsel to represent that 8
party with respect to the determination of the existence or 9
nonexistence of the parent and child relationship and the duty of 10
support, including , without limitation , the expenses of the 11
[mother’s] pregnancy and confinement [,] of the person who gave 12
birth to the child, medical expenses for the birth of the child and 13
support of the child from birth until trial. 14
2. If a party is financially unable to pay the cost of a transcript, 15
the court shall furnish on request a transcript for purposes of appeal. 16
Sec. 97. NRS 126.291 is hereby amended to read as follows: 17
126.291 1. Proceedings to compel support by a 18
nonsupporting parent may be brought in accordance with this 19
chapter. They are not exclusive of other proceedings. The court may 20
assess the usual filing fees, charges or court costs against the 21
nonsupporting parent and shall enforce their collection with the 22
other provisions of the judgment. 23
2. Except as otherwise provided in this subsection, when the 24
district attorney is requested to bring an action to compel support or 25
an action to determine [paternity,] parentage, the district attorney 26
may charge the requester a fee of not more than $20 for an 27
application. This fee may not be assessed against: 28
(a) The State of Nevada when acting as a party to an action 29
brought pursuant to this chapter. 30
(b) Any person or agency requesting services pursuant to 31
chapter 130 of NRS. 32
3. If the court finds that a parent and child relationship exists, it 33
may assess against the nonsupporting parent, in addition to any 34
support obligation ordered a reasonable collection fee. If the court 35
finds that the nonsupporting parent would experience a financial 36
hardship if required to pay the fee immediately, it may order that the 37
fee be paid in installments, each of which is not more than 25 38
percent of the support obligation for each month. 39
4. All fees collected pursuant to this section must be deposited 40
in the general fund of the county and an equivalent amount must be 41
allocated to augment the county’s program for the enforcement of 42
support obligations. 43
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5. As used in this section, “nonsupporting parent” means the 1
parent of a child who has failed to provide an equitable share of 2
his or her child’s necessary maintenance, education and support. 3
Sec. 98. NRS 126.500 is hereby amended to read as follows: 4
126.500 As used in NRS 126.500 to 126.810, inclusive, and 5
sections 91 and 92 of this act, unless the context otherwise requires, 6
the words and terms defined in NRS [126.510] 126.520 to 7
[126.630,] 126.580, inclusive, have the meanings ascribed to them 8
in those sections. 9
Sec. 99. NRS 126.660 is hereby amended to read as follows: 10
126.660 1. A donor is not a parent of a child conceived by 11
means of assisted reproduction. 12
2. The consent of the spouse or domestic partner of a person 13
who wishes to be a donor is not required for the person to be a 14
donor. 15
Sec. 100. NRS 126.670 is hereby amended to read as follows: 16
126.670 A person who provides gametes for, or consents to, 17
assisted reproduction by [a woman,] the person giving birth to the 18
child as provided in NRS 126.680, with the intent to be a parent of 19
[her] the child , is a parent of the resulting child. 20
Sec. 101. NRS 126.680 is hereby amended to read as follows: 21
126.680 1. [Consent] Except as otherwise provided in 22
subsection 2, consent by a person who intends to be a parent of a 23
child born by assisted reproduction must be in a [declaration for the 24
voluntary acknowledgment of parentage, signed pursuant to NRS 25
126.053.] record signed by the person giving birth to the child and 26
the person who intends to be a parent of the child. 27
2. Failure [of a person to sign a declaration for the voluntary 28
acknowledgment of parentage] to consent in a record as required 29
by subsection 1, before or after the birth of the child, does not 30
preclude a finding of parentage if [the woman and] the person [, 31
during] who intends to be a parent of the child or the person giving 32
birth to the child: 33
(a) Proves by clear and convincing evidence the existence of 34
an express agreement entered into by the person who intends to be 35
a parent of the child and the person giving birth to the child, 36
before the conception of the child, that the person who intends to 37
be a parent of the child and the person giving birth to the child 38
intended that they both would be parents of the child; or 39
(b) During the first 2 years of the child’s life, including any 40
period of temporary absence, resided together in the same 41
household with the child and openly held out the child as their own. 42
Sec. 102. NRS 126.690 is hereby amended to read as follows: 43
126.690 1. Except as otherwise provided in subsection 2, the 44
legal spouse or domestic partner of a [woman] person who gives 45
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birth to a child by means of assisted reproduction may not challenge 1
the parentage of the child unless: 2
(a) Within 2 years after learning of the birth of the child, a 3
proceeding is commenced to adjudicate parentage; and 4
(b) The court finds that, before or after the birth of the child, the 5
legal spouse or domestic partner did not consent to the assisted 6
reproduction. 7
2. A proceeding to adjudicate parentage may be maintained at 8
any time if the court determines that: 9
(a) The legal spouse or domestic partner did not provide 10
gametes for, or consent to, the assisted reproduction by the person 11
who gave birth [;] to the child; 12
(b) The legal spouse or domestic partner and the [woman] 13
person who gave birth to the child have not cohabited since the 14
probable time of the assisted reproduction; and 15
(c) The legal spouse or domestic partner never openly held out 16
the child as his or her own. 17
Sec. 103. NRS 126.700 is hereby amended to read as follows: 18
126.700 1. If a marriage or domestic partnership is dissolved 19
or terminated before the transfer of [eggs, sperm or] embryos, the 20
former spouse or former domestic partner is not a parent of the 21
resulting child unless the former spouse or former domestic partner 22
consented in a record that if assisted reproduction were to occur 23
after a dissolution or termination, the former spouse or former 24
domestic partner would be a parent of the child. 25
2. The consent of a person to assisted reproduction may be 26
withdrawn by that person in a record at any time before [placement] 27
transfer of the [eggs, sperm or] embryos. 28
Sec. 104. NRS 126.710 is hereby amended to read as follows: 29
126.710 1. A prospective gestational carrier, [her] the legal 30
spouse or domestic partner , if [she is married or in a domestic 31
partnership,] any, of the prospective gestational carrier, a donor or 32
the donors and the intended parent or parents may enter into a 33
written agreement providing that: 34
(a) The prospective gestational carrier agrees to pregnancy by 35
means of assisted reproduction; 36
(b) The prospective gestational carrier, [her] the legal spouse or 37
domestic partner , if [she is married or in a domestic partnership,] 38
any, of the prospective gestational carrier, and the donor or donors 39
relinquish all rights and duties as the parents of a child conceived 40
through assisted reproduction; and 41
(c) The intended parent or parents become the parent or parents 42
of any resulting child. 43
2. If two persons are the intended parents, both of the intended 44
parents must be parties to the gestational agreement. 45
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3. A gestational agreement is enforceable only if it satisfies the 1
requirements of NRS 126.750. 2
4. A gestational agreement may provide for payment of 3
consideration pursuant to NRS 126.800 and 126.810. 4
Sec. 105. NRS 126.720 is hereby amended to read as follows: 5
126.720 Except as otherwise provided in section 91 of this 6
act: 7
1. If a gestational carrier arrangement satisfies the requirements 8
of NRS 126.740 and 126.750: 9
(a) The intended parent or parents shall be considered the parent 10
or parents of the resulting child immediately upon the birth of the 11
child; 12
(b) The resulting child shall be considered the child of the 13
intended parent or parents immediately upon the birth of the child; 14
(c) Parental rights vest in the intended parent or parents 15
immediately upon the birth of the resulting child; 16
(d) Sole legal and physical custody of the resulting child vest 17
with the intended parent or parents immediately upon the birth of 18
the child; and 19
(e) Neither the gestational carrier nor [her] the legal spouse or 20
domestic partner, if any, of the gestational carrier shall be 21
considered the parent of the resulting child. 22
2. If a gestational carrier arrangement satisfies the requirements 23
of NRS 126.740 and 126.750 and if, because of a laboratory error, 24
the resulting child is not genetically related to the intended parent or 25
either of the intended parents or any donor who donated to the 26
intended parent or parents, the intended parent or parents shall be 27
considered the parent or parents of the child, unless a determination 28
to the contrary is made by a court of competent jurisdiction in an 29
action which may only be brought by one or more genetic parents of 30
the resulting child within 60 days after the birth of the child. 31
3. The parties to a gestational carrier arrangement shall assume 32
the rights and obligations of subsections 1 and 2 if: 33
(a) The gestational carrier satisfies the eligibility requirements 34
set forth in subsection 1 of NRS 126.740; 35
(b) The intended parent or parents satisfy the requirement set 36
forth in subsection 2 of NRS 126.740; and 37
(c) The gestational carrier arrangement occurs pursuant to a 38
gestational agreement which meets the requirements set forth in 39
NRS 126.750. 40
4. Before or after the birth of the resulting child, the intended 41
parent or parents or the prospective gestational carrier or gestational 42
carrier may commence a proceeding in any district court in this 43
State to obtain an order designating the content of the birth 44
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certificate issued as provided in NRS 440.270 to 440.340, inclusive. 1
If: 2
(a) A copy of the gestational agreement is attached to the 3
petition; 4
(b) The requirements of NRS 126.740 and 126.750 are satisfied; 5
and 6
(c) Any of the following applies: 7
(1) The resulting child is anticipated to be born in this State; 8
(2) The resulting child was born in this State; 9
(3) The intended parent or parents reside in this State; 10
(4) The intended parent or parents resided in this State when 11
the gestational agreement was executed; 12
(5) The gestational carrier resides in this State; 13
(6) The gestational agreement was executed in this State; or 14
(7) The medical procedures for assisted reproduction that 15
were performed pursuant to the gestational agreement and resulted 16
in pregnancy were performed in this State, 17
the court may issue an order validating the gestational agreement 18
and declaring the intended parent or parents to be the parent or 19
parents of the resulting child. 20
Sec. 106. NRS 126.740 is hereby amended to read as follows: 21
126.740 1. A prospective gestational carrier is eligible to be a 22
gestational carrier pursuant to NRS 126.710 to 126.810, inclusive, 23
and sections 91 and 92 of this act if, at the time the gestational 24
agreement is executed, [she:] the prospective gestational carrier: 25
(a) Has completed a medical evaluation relating to the 26
anticipated pregnancy; 27
(b) Has undergone legal consultation with independent legal 28
counsel regarding the terms of the gestational agreement and the 29
potential legal consequences of the gestational carrier arrangement; 30
and 31
(c) Did not contribute any gametes that will ultimately result in 32
an embryo that [she] the gestational carrier will attempt to carry to 33
term. 34
2. The intended parent or parents shall be deemed to have 35
satisfied the requirements of NRS 126.710 to 126.810, inclusive, 36
and sections 91 and 92 of this act if, before the gestational carrier 37
agreement is executed, [he, she or they] the intended parent or 38
parents have undergone legal consultation with independent legal 39
counsel regarding the terms of the gestational agreement and the 40
potential legal consequences of the gestational carrier arrangement. 41
Sec. 107. NRS 126.750 is hereby amended to read as follows: 42
126.750 1. A gestational agreement is enforceable only if it 43
satisfies the requirements of this section. 44
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2. The gestational carrier and the intended parent or parents 1
must be represented by separate, independent counsel in all matters 2
concerning the gestational carrier arrangement and gestational 3
agreement. 4
3. A gestational agreement must: 5
(a) Be in writing; 6
(b) Be executed before the commencement of any medical 7
procedures in furtherance of the gestational carrier arrangement, 8
other than the medical evaluation required by subsection 1 of NRS 9
126.740 to determine the eligibility of the gestational carrier, by: 10
(1) A gestational carrier satisfying the eligibility 11
requirements set forth in subsection 1 of NRS 126.740 and the legal 12
spouse or domestic partner , if any, of the gestational carrier ; [, if 13
any;] and 14
(2) An intended parent or parents satisfying the requirement 15
set forth in subsection 2 of NRS 126.740; 16
(c) Be notarized and signed by all the parties with attached 17
declarations of the independent attorney of each party; and 18
(d) Include the separate, written and signed acknowledgment of 19
the gestational carrier and the intended parent or parents stating that 20
he or she has received information about the legal, financial and 21
contractual rights, expectations, penalties and obligations of the 22
gestational agreement. 23
4. A gestational agreement must provide for: 24
(a) The express written agreement of the gestational carrier to: 25
(1) Undergo embryo or gamete transfer and , subject to the 26
provisions of subsection 6, attempt to carry and give birth to any 27
resulting child; and 28
(2) [Surrender legal and physical custody of any resulting 29
child to the] Acknowledge that each intended parent [or parents 30
immediately upon the birth] is the legal and physical custodian of 31
[the] any resulting child; 32
(b) The express written agreement of the legal spouse or 33
domestic partner, if any, of the gestational carrier to: 34
(1) Undertake the obligations imposed upon the gestational 35
carrier pursuant to the terms of the gestational agreement; and 36
(2) [Surrender legal and physical custody of any resulting 37
child to the] Acknowledge that each intended parent [or parents 38
immediately upon the birth] is the legal and physical custodian of 39
[the] any resulting child; 40
(c) The express written agreement of each party to the use by the 41
gestational carrier of the services of a physician [of her choosing,] 42
chosen by the gestational carrier, after consultation with the 43
intended parent or parents, to provide care to the gestational carrier 44
during the pregnancy; and 45
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(d) The express written agreement of the intended parent or 1
parents to: 2
(1) Accept legal and physical custody of any resulting child 3
not biologically related to the gestational carrier or [her] the spouse 4
or domestic partner, if any, of the gestational carrier immediately 5
upon the birth of the child or children regardless of the number, 6
gender or mental or physical condition of the child or children; and 7
(2) Assume sole responsibility for the support of any 8
resulting child not biologically related to the gestational carrier or 9
[her] the spouse or domestic partner, if any, of the gestational 10
carrier immediately upon the birth of the child. 11
5. A gestational agreement is enforceable even if it contains 12
one or more of the following provisions: 13
(a) The gestational carrier’s agreement to undergo all medical 14
examinations, treatments and fetal monitoring procedures 15
recommended for the success of the pregnancy by the physician 16
providing care to the gestational carrier during the pregnancy. 17
(b) The gestational carrier’s agreement to abstain from any 18
activities that the intended parent or parents or the physician 19
providing care to the gestational carrier during the pregnancy 20
reasonably believes to be harmful to the pregnancy and the future 21
health of any resulting child, including, without limitation, smoking, 22
drinking alcohol, using nonprescribed drugs, using prescription 23
drugs not authorized by a physician aware of the pregnancy, 24
exposure to radiation or any other activity proscribed by a health 25
care provider. 26
(c) The agreement of the intended parent or parents to pay the 27
gestational carrier reasonable compensation. 28
(d) The agreement of the intended parent or parents to pay for or 29
reimburse the gestational carrier for reasonable expenses, including, 30
without limitation, medical, legal or other professional expenses, 31
related to the gestational carrier arrangement and the gestational 32
agreement. 33
6. A gestational carrier has the right to make all health and 34
welfare decisions regarding the gestational carrier and the 35
pregnancy of the gestational carrier, including, without limitation, 36
whether to consent to a cesarean section or the transfer of 37
multiple embryos, whether to use the services of a health care 38
practitioner chosen by the gestational carrier, whether to 39
terminate or continue the pregnancy and whether to reduce or 40
retain the number of fetuses or embryos carried by the gestational 41
carrier. Any provision in a gestational agreement that contradicts 42
such a right is void and unenforceable. 43
– 37 –
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Sec. 108. NRS 126.770 is hereby amended to read as follows: 1
126.770 1. Unless a gestational agreement expressly 2
provides otherwise: 3
(a) The marriage or domestic partnership of a gestational carrier 4
after [she executes a] the gestational agreement is signed by all 5
parties does not affect the validity of the [gestational] agreement . 6
[and: 7
1.] The consent of the [legal] spouse or domestic partner of the 8
gestational carrier to the [gestational] agreement is not required [. 9
2. The legal] , and the spouse or domestic partner of the 10
gestational carrier [must] is not [be] a presumed [to be the] parent of 11
[any resulting] a child [.] conceived by assisted reproduction under 12
the agreement. 13
(b) The divorce, dissolution, annulment, declaration of 14
invalidity, legal separation or separate maintenance of the 15
gestational carrier after the agreement is signed by all parties does 16
not affect the validity of the agreement. 17
2. Unless a gestational agreement expressly provides 18
otherwise: 19
(a) The marriage or domestic partnership of an intended 20
parent after the agreement is signed by all parties does not affect 21
the validity of the agreement. The consent of the spouse or 22
domestic partner of the intended parent to the agreement is not 23
required, and the spouse or domestic partner of the intended 24
parent is not, based on the agreement, a parent of a child 25
conceived by assisted reproduction under the agreement. 26
(b) The divorce, dissolution, annulment, declaration of 27
invalidity, legal separation or separate maintenance of an 28
intended parent after the agreement is signed by all parties does 29
not affect the validity of the agreement and the intended parents 30
are the parents of a child conceived by assisted reproduction under 31
the agreement. 32
Sec. 109. NRS 126.780 is hereby amended to read as follows: 33
126.780 1. A gestational carrier, [her] the legal spouse or 34
domestic partner, if any, of the gestational carrier or the intended 35
parent or parents are in noncompliance when [he, she or they 36
breach] any such person breaches any provision of the gestational 37
agreement or [fail] fails to meet any of the requirements of NRS 38
126.710 to 126.810, inclusive [.] , and sections 91 and 92 of this 39
act. 40
2. In the event of noncompliance, a court of competent 41
jurisdiction shall determine the respective rights and obligations of 42
the parties to the gestational agreement [based solely] : 43
(a) If the agreement substantially complies with NRS 126.710 44
to 126.810, inclusive, and sections 91 and 92 of this act, based on 45
– 38 –
- *AB424*
the evidence of the [original] intent of the parties [.] at the time of 1
execution of the agreement and other relevant evidence. 2
(b) If the agreement does not substantially comply with NRS 3
126.710 to 126.810, inclusive, and sections 91 and 92 of this act, 4
pursuant to other applicable law of this State. 5
3. [There must be no specific] Specific performance is not an 6
available remedy [available for breach of the] except to enforce any 7
provision in a gestational agreement [by the gestational carrier that 8
would require the gestational carrier to be impregnated.] that is 9
necessary to enable the intended parents to exercise the full rights 10
of parentage immediately upon the birth of the child, if the 11
intended parents are being prevented from exercising such rights. 12
Sec. 110. NRS 128.150 is hereby amended to read as follows: 13
128.150 1. If a [mother] person who gave birth to a child 14
relinquishes or proposes to relinquish the child for adoption [a] and 15
the child [who] has: 16
(a) A presumed [father] parent pursuant to [NRS 126.051;] 17
section 38 of this act; 18
(b) A [father] parent whose relationship to the child has been 19
determined by a court; or 20
(c) A [father] parent as to whom the child is a legitimate child 21
under chapter 126 of NRS, under prior law of this State or under the 22
law of another jurisdiction, 23
and the [father] parent has not consented to the adoption of the 24
child or relinquished the child for adoption, a proceeding must be 25
brought pursuant to this chapter and a determination made of 26
whether a parent and child relationship exists and, if so, if it should 27
be terminated. 28
2. If a [mother] person who gave birth to a child relinquishes 29
or proposes to relinquish the child for adoption [a] and the child 30
[who] does not have: 31
(a) A presumed [father] parent pursuant to [NRS 126.051;] 32
section 38 of this act; 33
(b) A [father] parent whose relationship to the child has been 34
determined by a court; 35
(c) A [father] parent as to whom the child is a legitimate child 36
under chapter 126 of NRS, under prior law of this State or under the 37
law of another jurisdiction; or 38
(d) A [father] parent who can be identified in any other way, 39
or if a child otherwise becomes the subject of an adoption 40
proceeding, the agency or person to whom the child has been or is to 41
be relinquished, or the [mother] person who gave birth to the child 42
or the person having custody of the child, shall file a petition in the 43
district court to terminate the parental rights of the [father,] other 44
– 39 –
- *AB424*
parent, unless the [father’s] other parent’s relationship to the child 1
has been previously terminated or determined not to exist by a court. 2
3. In an effort to identify and protect the interests of the 3
[natural father,] other parent, the court which is conducting a 4
proceeding pursuant to this chapter shall cause inquiry to be made of 5
the [mother] person who gave birth to the child and any other 6
appropriate person. The inquiry must include the following: 7
(a) Whether the [mother] person who gave birth to the child 8
was married or in a domestic partnership at the time of conception 9
of the child or at any time thereafter. 10
(b) Whether the [mother] person who gave birth to the child 11
was cohabiting with [a man] another person at the time of 12
conception or birth of the child. 13
(c) Whether the [mother] person who gave birth to the child has 14
received support payments or promises of support with respect to 15
the child or in connection with [her] the pregnancy [.] of the person. 16
(d) Whether any [man] person has formally or informally 17
acknowledged or declared [his] their possible [paternity] parentage 18
of the child. 19
4. If, after the inquiry, the [natural father] other parent is 20
identified to the satisfaction of the court, or if more than one [man] 21
person is identified as a possible [father,] parent, each must be 22
given notice of the proceeding in accordance with subsection 6 or 23
with this chapter, as applicable. If any of them fails to appear or, if 24
appearing, fails to claim custodial rights, such failure constitutes 25
abandonment of the child. If the [natural father] other parent or a 26
[man] person representing [himself] themselves to be the [natural 27
father,] other parent, claims custodial rights, the court shall proceed 28
to determine custodial rights. 29
5. If, after the inquiry, the court is unable to identify the 30
[natural father] other parent or any possible [natural father] other 31
parent and no person has appeared claiming to be the [natural 32
father] other parent and claiming custodial rights, the court shall 33
enter an order terminating the unknown [natural father’s] person’s 34
parental rights with reference to the child. Subject to the disposition 35
of any appeal, upon the expiration of 6 months after an order 36
terminating parental rights is issued under this subsection, or this 37
chapter, the order cannot be questioned by any person in any 38
manner or upon any ground, including fraud, misrepresentation, 39
failure to give any required notice or lack of jurisdiction of the 40
parties or of the subject matter. 41
6. Notice of the proceeding must be given to every person 42
identified as [the natural father] a parent or a possible [natural 43
father] parent in the manner provided by law and the Nevada Rules 44
of Civil Procedure for the service of process in a civil action, or in 45
– 40 –
- *AB424*
any manner the court directs. Proof of giving the notice must be 1
filed with the court before the petition is heard. 2
Sec. 111. NRS 130.316 is hereby amended to read as follows: 3
130.316 1. The physical presence of a nonresident party who 4
is a natural person in a tribunal of this State is not required for the 5
establishment, enforcement or modification of a support order or the 6
rendition of a judgment determining parentage of a child. 7
2. An affidavit, a document substantially complying with 8
federally mandated forms or a document incorporated by reference 9
in any of them, which would not be excluded under the hearsay rule 10
in NRS 51.065 if given in person, is admissible in evidence if given 11
under penalty of perjury by a party or witness residing outside this 12
State. 13
3. A copy of the record of child-support payments certified as a 14
true copy of the original by the custodian of the record may be 15
forwarded to a responding tribunal. The copy is evidence of facts 16
asserted therein and is admissible to show whether payments were 17
made. 18
4. Copies of bills for testing for parentage of a child, and for 19
prenatal and postnatal health care of the [mother] person who gave 20
birth to the child and the child, furnished to the adverse party at 21
least 20 days before trial are admissible in evidence to prove the 22
amount of the charges billed and that the charges were reasonable, 23
necessary and customary. 24
5. Documentary evidence transmitted from outside this State to 25
a tribunal of this State by telephone, telecopier or other electronic 26
means that do not provide an original record may not be excluded 27
from evidence on an objection based on the means of transmission. 28
6. In a proceeding under this chapter, a tribunal of this State 29
shall permit a party or witness residing outside this State to be 30
deposed or to testify under penalty of perjury by telephone, 31
audiovisual means or other electronic means at a designated tribunal 32
or other location. A tribunal of this State shall cooperate with other 33
tribunals in designating an appropriate location for the deposition or 34
testimony. 35
7. In a civil proceeding under this chapter, if a party called to 36
testify refuses to answer a question on the ground that the testimony 37
may be self-incriminating, the trier of fact may draw an adverse 38
inference from the refusal. 39
8. A privilege against the disclosure of communications 40
between a married couple or between domestic partners does not 41
apply in a proceeding under this chapter. 42
9. The defense of immunity based on the relationship of a 43
married couple , domestic partners or parent and child does not 44
apply in a proceeding under this chapter. 45
– 41 –
- *AB424*
10. A [voluntary acknowledgment of paternity developed by 1
the State Board of Health pursuant to NRS 440.283 or a] voluntary 2
acknowledgment of parentage developed by the State Board of 3
Health pursuant to NRS 440.285, certified as a true copy, is 4
admissible to establish parentage of the child. 5
Sec. 112. NRS 130.401 is hereby amended to read as follows: 6
130.401 1. If a support order entitled to recognition under 7
this chapter has not been issued, a responding tribunal of this State 8
with personal jurisdiction over the parties may issue a support order 9
if: 10
(a) The natural person seeking the order resides outside this 11
State; or 12
(b) The support-enforcement agency seeking the order is located 13
outside this State. 14
2. The tribunal may issue a temporary child-support order if 15
the tribunal determines that such an order is appropriate and the 16
natural person ordered to pay is: 17
(a) A presumed [father] parent of the child under [subsection 1 18
of NRS 126.051;] section 38 of this act; 19
(b) Petitioning to have [his paternity] their parentage 20
adjudicated; 21
(c) Identified as the [father] parent of the child through genetic 22
testing; 23
(d) An alleged [father] genetic parent who has declined to 24
submit to genetic testing; 25
(e) Shown by clear and convincing evidence to be the [father] 26
parent of the child; 27
(f) An [acknowledged father or] acknowledged parent as 28
provided by [NRS 126.053;] sections 39 to 52, inclusive, of this 29
act; 30
(g) The [mother of] person who gave birth to the child; or 31
(h) A natural person who has been ordered to pay child support 32
in a previous proceeding and the order has not been reversed or 33
vacated. 34
3. Upon finding, after notice and opportunity to be heard, that 35
an obligor owes a duty of support, the tribunal shall issue a support 36
order directed to the obligor and may issue other orders pursuant to 37
NRS 130.305. 38
Sec. 113. NRS 3.405 is hereby amended to read as follows: 39
3.405 1. In an action to establish [paternity,] parentage, the 40
court may appoint a master to take testimony and recommend 41
orders. 42
2. The court may appoint a master to hear all cases in a county 43
to establish or enforce an obligation for the support of a child, or to 44
– 42 –
- *AB424*
modify or adjust an order for the support of a child pursuant to 1
NRS 125B.145. 2
3. The master must be an attorney licensed to practice in this 3
State. The master: 4
(a) Shall take testimony and establish a record; 5
(b) In complex cases shall issue temporary orders for support 6
pending resolution of the case; 7
(c) Shall make findings of fact, conclusions of law and 8
recommendations for the establishment and enforcement of an 9
order; 10
(d) May accept voluntary acknowledgments of [paternity] 11
parentage or liability for support and stipulated agreements setting 12
the amount of support; 13
(e) May, subject to confirmation by the district court, enter 14
default orders against a responsible parent who does not respond to 15
a notice or service within the required time; and 16
(f) Has any other power or duty contained in the order of 17
reference issued by the court. 18
If a temporary order for support is issued pursuant to paragraph 19
(b), the master shall order that the support be paid to the Division of 20
Welfare and Supportive Services of the Department of Health and 21
Human Services, its designated representative or the district 22
attorney, if the Division of Welfare and Supportive Services or 23
district attorney is involved in the case, or otherwise to an 24
appropriate party to the action, pending resolution of the case. 25
4. The findings of fact, conclusions of law and 26
recommendations of the master must be furnished to each party or 27
the party’s attorney at the conclusion of the proceeding or as soon 28
thereafter as possible. Within 10 days after receipt of the findings of 29
fact, conclusions of law and recommendations, either party may file 30
with the court and serve upon the other party written objections to 31
the report. If no objection is filed, the court shall accept the findings 32
of fact, unless clearly erroneous, and the judgment may be entered 33
thereon. If an objection is filed within the 10-day period, the court 34
shall review the matter upon notice and motion. 35
Sec. 114. NRS 41.1335 is hereby amended to read as follows: 36
41.1335 1. A person who has suffered an injury as a result of 37
a violation of NRS 200.975 may bring an action for the recovery of 38
his or her actual damages and any punitive damages which the facts 39
may warrant if the person is or was, at the time of assisted 40
reproduction: 41
(a) A patient who gave birth to a child conceived through 42
assisted reproduction as a result of a violation of NRS 200.975; 43
– 43 –
- *AB424*
(b) The spouse of a patient who gave birth to a child conceived 1
through assisted reproduction as a result of a violation of 2
NRS 200.975; 3
(c) A child conceived through assisted reproduction as a result 4
of a violation of NRS 200.975; or 5
(d) A donor whose human reproductive material resulted in the 6
birth of a child conceived through assisted reproduction as a result 7
of a violation of NRS 200.975. 8
2. Each child born as a result of a violation of NRS 200.975 9
constitutes the basis for a separate cause of action. 10
3. A person who prevails in an action brought pursuant to 11
subsection 1 may recover his or her actual damages, attorney’s fees 12
and costs and any punitive damages that the facts may warrant. 13
4. The liability imposed by this section is in addition to any 14
other liability imposed by law. 15
5. For the purposes of this section, a violation of NRS 200.975 16
shall be deemed to have been committed where the procedure for 17
assisted reproduction occurred or at the principal place of business 18
of the provider of health care. 19
6. As used in this section: 20
(a) “Assisted reproduction” has the meaning ascribed to it in 21
[NRS 126.510.] section 8 of this act. 22
(b) “Human reproductive material” has the meaning ascribed to 23
it in NRS 200.970. 24
(c) “Provider of health care” has the meaning ascribed to it in 25
NRS 200.975. 26
Sec. 115. NRS 200.359 is hereby amended to read as follows: 27
200.359 1. A person having a limited right of custody to a 28
child by operation of law or pursuant to an order, judgment or 29
decree of any court, including a judgment or decree which grants 30
another person rights to custody or visitation of the child, or any 31
parent having no right of custody to the child, who: 32
(a) In violation of an order, judgment or decree of any court 33
willfully detains, conceals or removes the child from a parent, 34
guardian or other person having lawful custody or a right of 35
visitation of the child; or 36
(b) In the case of an order, judgment or decree of any court that 37
does not specify when the right to physical custody or visitation is to 38
be exercised, removes the child from the jurisdiction of the court 39
without the consent of either the court or all persons who have the 40
right to custody or visitation, 41
is guilty of a category D felony and shall be punished as provided 42
in NRS 193.130. 43
2. Except as otherwise provided in this subsection, a parent 44
who has joint legal and physical custody of a child pursuant to 45
– 44 –
- *AB424*
NRS 125C.0015 shall not willfully conceal or remove the child 1
from the custody of the other parent with the specific intent to 2
frustrate the efforts of the other parent to establish or maintain a 3
meaningful relationship with the child. A person who violates this 4
subsection shall be punished as provided in subsection 1 unless the 5
person demonstrates to the satisfaction of the court that he or she 6
violated this subsection to protect the child or himself or herself 7
from an act that constitutes domestic violence pursuant to 8
NRS 33.018. 9
3. If [the mother] a parent of a child has primary physical 10
custody of the child pursuant to [subsection 2 of] NRS 125C.003, 11
[the father] another parent of the child shall not willfully conceal or 12
remove the child from the physical custody of the [mother. If the 13
father of a child has] parent who has primary physical custody . 14
[pursuant to subsection 2 of NRS 125C.003, the mother of the child 15
shall not willfully conceal or remove the child from the physical 16
custody of the father.] A person who violates this subsection shall 17
be punished as provided in subsection 1. 18
4. A parent who has joint physical custody of a child pursuant 19
to an order, judgment or decree of a court shall not relocate with the 20
child pursuant to NRS 125C.0065 without the written consent of 21
the non-relocating parent or before the court enters an order granting 22
the parent primary physical custody of the child and permission to 23
relocate with the child, as applicable. A person who violates this 24
subsection shall be punished as provided in subsection 1. 25
5. A parent who has primary physical custody of a child 26
pursuant to an order, judgment or decree of a court shall not relocate 27
with the child pursuant to NRS 125C.006 without the written 28
consent of the non-relocating parent or the permission of the court. 29
A person who violates this subsection shall be punished as provided 30
in subsection 1. 31
6. Before an arrest warrant may be issued for a violation of this 32
section, the court must find that: 33
(a) This is the home state of the child, as defined in NRS 34
125A.085; and 35
(b) There is cause to believe that the entry of a court order in a 36
civil proceeding brought pursuant to chapter 125, 125A or 125C of 37
NRS will not be effective to enforce the rights of the parties and 38
would not be in the best interests of the child. 39
7. Upon conviction for a violation of this section, the court 40
shall order the defendant to pay restitution for any expenses incurred 41
in locating or recovering the child. 42
8. The prosecuting attorney may recommend to the judge that 43
the defendant be sentenced as for a misdemeanor and the judge may 44
impose such a sentence if the judge finds that: 45
– 45 –
- *AB424*
(a) The defendant has no prior conviction for this offense and 1
the child has suffered no substantial harm as a result of the offense; 2
or 3
(b) The interests of justice require that the defendant be 4
punished as for a misdemeanor. 5
9. A person who aids or abets any other person to violate this 6
section shall be punished as provided in subsection 1. 7
10. In addition to the exemption set forth in subsection 11, 8
subsections 4 and 5 do not apply to a person who demonstrates a 9
compelling excuse, to the satisfaction of the court, for relocating 10
with a child in violation of NRS 125C.006 or 125C.0065. 11
11. This section does not apply to a person who detains, 12
conceals, removes or relocates with a child to protect the child from 13
the imminent danger of abuse or neglect or to protect himself or 14
herself from imminent physical harm, and reported the detention, 15
concealment, removal or relocation to a law enforcement agency or 16
an agency which provides child welfare services within 24 hours 17
after detaining, concealing, removing or relocating with the child, or 18
as soon as the circumstances allowed. As used in this subsection: 19
(a) “Abuse or neglect” has the meaning ascribed to it in 20
paragraph (a) of subsection 4 of NRS 200.508. 21
(b) “Agency which provides child welfare services” has the 22
meaning ascribed to it in NRS 432B.030. 23
Sec. 116. NRS 200.965 is hereby amended to read as follows: 24
200.965 “Assisted reproduction” has the meaning ascribed to it 25
in [NRS 126.510.] section 8 of this act. 26
Sec. 117. NRS 239.010 is hereby amended to read as follows: 27
239.010 1. Except as otherwise provided in this section and 28
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 29
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 30
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 31
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 32
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 33
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 34
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 35
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 36
120A.690, 125.130, 125B.140, [126.141,] 126.161, 126.163, 37
126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 38
130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 39
172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 40
176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 41
179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 42
200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 43
209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 44
213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 45
– 46 –
- *AB424*
217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 1
218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 2
228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 3
237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 4
239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 5
239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 6
244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 7
250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 8
268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 9
281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 10
284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 11
289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 12
293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 13
331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 14
338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 15
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 16
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 17
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 18
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 19
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 20
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 21
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 22
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 23
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 24
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 25
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 26
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 27
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 28
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 29
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 30
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 31
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 32
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 33
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 34
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 35
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 36
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 37
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 38
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 39
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 40
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 41
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 42
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 43
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 44
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 45
– 47 –
- *AB424*
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 1
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 2
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 3
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 4
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 5
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 6
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 7
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 8
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 9
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 10
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 11
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 12
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 13
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 14
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 15
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 16
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 17
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 18
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 19
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 20
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 21
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 22
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 23
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 24
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 25
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 26
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 27
711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 28
2011 and section 2 of chapter 391, Statutes of Nevada 2013 and 29
unless otherwise declared by law to be confidential, all public books 30
and public records of a governmental entity must be open at all 31
times during office hours to inspection by any person, and may be 32
fully copied or an abstract or memorandum may be prepared from 33
those public books and public records. Any such copies, abstracts or 34
memoranda may be used to supply the general public with copies, 35
abstracts or memoranda of the records or may be used in any other 36
way to the advantage of the governmental entity or of the general 37
public. This section does not supersede or in any manner affect the 38
federal laws governing copyrights or enlarge, diminish or affect in 39
any other manner the rights of a person in any written book or 40
record which is copyrighted pursuant to federal law. 41
2. A governmental entity may not reject a book or record 42
which is copyrighted solely because it is copyrighted. 43
3. A governmental entity that has legal custody or control of a 44
public book or record shall not deny a request made pursuant to 45
– 48 –
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subsection 1 to inspect or copy or receive a copy of a public book or 1
record on the basis that the requested public book or record contains 2
information that is confidential if the governmental entity can 3
redact, delete, conceal or separate, including, without limitation, 4
electronically, the confidential information from the information 5
included in the public book or record that is not otherwise 6
confidential. 7
4. If requested, a governmental entity shall provide a copy of a 8
public record in an electronic format by means of an electronic 9
medium. Nothing in this subsection requires a governmental entity 10
to provide a copy of a public record in an electronic format or by 11
means of an electronic medium if: 12
(a) The public record: 13
(1) Was not created or prepared in an electronic format; and 14
(2) Is not available in an electronic format; or 15
(b) Providing the public record in an electronic format or by 16
means of an electronic medium would: 17
(1) Give access to proprietary software; or 18
(2) Require the production of information that is confidential 19
and that cannot be redacted, deleted, concealed or separated from 20
information that is not otherwise confidential. 21
5. An officer, employee or agent of a governmental entity who 22
has legal custody or control of a public record: 23
(a) Shall not refuse to provide a copy of that public record in the 24
medium that is requested because the officer, employee or agent has 25
already prepared or would prefer to provide the copy in a different 26
medium. 27
(b) Except as otherwise provided in NRS 239.030, shall, upon 28
request, prepare the copy of the public record and shall not require 29
the person who has requested the copy to prepare the copy himself 30
or herself. 31
Sec. 118. NRS 422A.585 is hereby amended to read as 32
follows: 33
422A.585 1. The Division shall, within the limitations of 34
available funding, establish a program which promotes the self-35
sufficiency of a [natural father] parent whose [paternity] parentage 36
is presumed pursuant to [NRS 126.051] section 38 of this act or a 37
noncustodial parent of a child for whom benefits are being received 38
by a household. 39
2. If a [natural father] parent whose [paternity] parentage is 40
presumed pursuant to [NRS 126.051] section 38 of this act or a 41
noncustodial parent of a child for whom benefits are being received 42
by a household chooses to participate in the program established 43
pursuant to subsection 1, the Division may, within the limitations of 44
– 49 –
- *AB424*
available funding, increase the amount of benefits provided to the 1
head of the household on behalf of the child. 2
Sec. 119. NRS 432B.560 is hereby amended to read as 3
follows: 4
432B.560 1. The court may also order: 5
(a) The child, a parent or the guardian to undergo such medical, 6
psychiatric, psychological, or other care or treatment as the court 7
considers to be in the best interests of the child. 8
(b) A parent or guardian to refrain from: 9
(1) Any harmful or offensive conduct toward the child, the 10
other parent, the custodian of the child or the person given physical 11
custody of the child; and 12
(2) Visiting the child if the court determines that the 13
visitation is not in the best interest of the child. 14
(c) A reasonable right of visitation for a grandparent of the child 15
if the child is not permitted to remain in the custody of the parents 16
of the child. 17
(d) Tests for the typing of blood or taking of specimens for 18
genetic identification [of the child, the natural mother of the child or 19
the alleged father of the child] pursuant to [NRS 126.121.] sections 20
53 to 67, inclusive, of this act. 21
2. The court shall order a parent or guardian to pay to the 22
custodian an amount sufficient to support the child while the child is 23
in the care of the custodian pursuant to an order of the court, unless 24
the child was delivered to a provider of emergency services pursuant 25
to NRS 432B.630. Payments for the obligation of support must be 26
determined in accordance with the guidelines established by the 27
Administrator of the Division of Welfare and Supportive Services of 28
the Department of Health and Human Services pursuant to NRS 29
425.620, but must not exceed the reasonable cost of the child’s care, 30
including food, shelter, clothing, medical care and education. An 31
order for support made pursuant to this subsection must: 32
(a) Require that payments be made to the appropriate agency or 33
office; 34
(b) Provide that the custodian is entitled to a lien on the 35
obligor’s property in the event of nonpayment of support; and 36
(c) Provide for the immediate withholding of income for the 37
payment of support unless: 38
(1) All parties enter into an alternative written agreement; or 39
(2) One party demonstrates and the court finds good cause to 40
postpone the withholding. 41
3. A court that enters an order pursuant to subsection 2 shall 42
ensure that the social security number of the parent or guardian who 43
is the subject of the order is: 44
– 50 –
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(a) Provided to the Division of Welfare and Supportive Services 1
of the Department of Health and Human Services. 2
(b) Placed in the records relating to the matter and, except as 3
otherwise required to carry out a specific statute, maintained in a 4
confidential manner. 5
Sec. 120. NRS 440.280 is hereby amended to read as follows: 6
440.280 1. If a birth occurs in a hospital or the person 7
[giving] who gave birth to a child and the child are immediately 8
transported to a hospital, the person in charge of the hospital or his 9
or her designated representative shall obtain the necessary 10
information, prepare a birth certificate, secure the signatures 11
required by the certificate and file it within 10 days with the health 12
officer of the registration district where the birth occurred. The 13
physician in attendance shall provide the medical information 14
required by the certificate and certify to the fact of birth within 72 15
hours after the birth. If the physician does not certify to the fact of 16
birth within the required 72 hours, the person in charge of the 17
hospital or the designated representative shall complete and sign the 18
certification. 19
2. If a birth occurs outside a hospital and the person [giving] 20
who gave birth to a child and the child are not immediately 21
transported to a hospital, the birth certificate must be prepared and 22
filed by one of the following persons in the following order of 23
priority: 24
(a) The physician in attendance at or immediately after the birth. 25
(b) Any other person in attendance at or immediately after the 26
birth. 27
(c) [The person giving birth or other] A parent or, if [the other] 28
each parent is absent [and the person giving birth is] or 29
incapacitated, the person in charge of the premises where the birth 30
occurred. 31
3. If a birth occurs in a moving conveyance, the place of birth 32
is the place where the child is removed from the conveyance. 33
4. In cities, the certificate of birth must be filed sooner than 10 34
days after the birth if so required by municipal ordinance or 35
regulation. 36
5. If the person [giving] who gave birth to a child was: 37
(a) Married or in a domestic partnership at the time of the birth, 38
the name of the spouse or domestic partner of [that] the person who 39
gave birth must be entered on the certificate as the other parent of 40
the child unless: 41
(1) A court has issued an order establishing that a person 42
other than the spouse or domestic partner of the person [giving] 43
who gave birth is the other parent of the child; or 44
– 51 –
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(2) The person [giving] who gave birth and a person other 1
than the spouse or domestic partner of the person [giving] who 2
gave birth have signed [a declaration for the voluntary 3
acknowledgment of paternity developed by the Board pursuant to 4
NRS 440.283 or] a declaration for the voluntary acknowledgment of 5
parentage developed by the Board pursuant to NRS 440.285 [.] and 6
the spouse or domestic partner of the person who gave birth has 7
signed a voluntary denial of parentage developed by the Board 8
pursuant to NRS 440.285. 9
(b) Widowed at the time of birth but married or in a domestic 10
partnership at the time of conception, the name of the spouse or 11
domestic partner of the person [giving] who gave birth at the time 12
of conception must be entered on the certificate as the other parent 13
of the child unless: 14
(1) A court has issued an order establishing that a person 15
other than the spouse or domestic partner of the person [giving] 16
who gave birth at the time of conception is the other parent of the 17
child; or 18
(2) The person [giving] who gave birth and a person other 19
than the spouse or domestic partner of the person [giving] who 20
gave birth at the time of conception have signed [a declaration for 21
the voluntary acknowledgment of paternity developed by the Board 22
pursuant to NRS 440.283 or] a declaration for the voluntary 23
acknowledgment of parentage developed by the Board pursuant to 24
NRS 440.285 [.] and the spouse or domestic partner of the person 25
who gave birth has signed a voluntary denial of parentage 26
developed by the Board pursuant to NRS 440.285. 27
6. If the person [giving] who gave birth was unmarried and not 28
in a domestic partnership at the time of the birth, the name of the 29
other parent may be entered on the original certificate of birth only 30
if: 31
(a) The provisions of paragraph (b) of subsection 5 are 32
applicable; 33
(b) A court has issued an order establishing that the person is the 34
other parent of the child; or 35
(c) The parents of the child have signed [a declaration for the 36
voluntary acknowledgment of paternity developed by the Board 37
pursuant to NRS 440.283 or] a declaration for the voluntary 38
acknowledgment of parentage developed by the Board pursuant to 39
NRS 440.285. If both parents execute a declaration consenting to 40
the use of the surname of one parent as the surname of the child, the 41
name of that parent must be entered on the original certificate of 42
birth and the surname of that parent must be entered thereon as the 43
surname of the child. 44
– 52 –
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7. An order entered or a declaration executed pursuant to 1
subsection 6 must be submitted to the local health officer, the local 2
health officer’s authorized representative, or the attending physician 3
or midwife before a proper certificate of birth is forwarded to the 4
State Registrar. The order or declaration must then be delivered to 5
the State Registrar for filing. The State Registrar’s file of orders and 6
declarations must be sealed and the contents of the file may be 7
examined only upon order of a court of competent jurisdiction or at 8
the request of either parent or the Division of Welfare and 9
Supportive Services of the Department of Health and Human 10
Services as necessary to carry out the provisions of 42 U.S.C. § 11
654a. The local health officer shall complete the original certificate 12
of birth in accordance with subsection 6 and other provisions of this 13
chapter. 14
8. As used in this section, “court” has the meaning ascribed to 15
it in NRS 125B.004. 16
Sec. 121. NRS 440.285 is hereby amended to read as follows: 17
440.285 1. The Board shall: 18
(a) Develop [a declaration] declarations to be signed under 19
penalty of perjury for the voluntary acknowledgment of parentage 20
and the voluntary denial of parentage in this State [;] pursuant to 21
sections 39 to 52, inclusive, of this act; and 22
(b) Distribute the declarations to each hospital or freestanding 23
birthing center in this State. 24
2. Before providing a declaration for the acknowledgment of 25
parentage or denial of parentage to [the person who gave birth to a 26
child or] a person who wishes to acknowledge or deny the parentage 27
of a child, the agencies described in paragraph (b) of subsection 1 28
shall ensure that [the person who gave birth and] the person who 29
wishes to acknowledge or deny parentage [are] is given notice, 30
orally and in writing, of the rights, responsibilities and legal 31
consequences of, and the alternatives to, signing the declaration for 32
the acknowledgment of parentage [.] or declaration for the denial 33
of parentage. 34
Sec. 122. NRS 440.287 is hereby amended to read as follows: 35
440.287 1. If a person who has given birth or a person who 36
has signed [a declaration for the voluntary acknowledgment of 37
paternity developed by the Board pursuant to NRS 440.283 or] a 38
declaration for the voluntary acknowledgment of parentage 39
developed by the Board pursuant to NRS 440.285 with the person 40
who has given birth rescinds the acknowledgment pursuant to 41
[subsection 2 of NRS 126.053,] section 46 of this act, the State 42
Registrar shall not issue a new certificate of birth to remove the 43
name of the person who originally acknowledged [paternity or] 44
parentage [, as applicable,] unless a court issues an order 45
– 53 –
- *AB424*
establishing that the person who acknowledged [paternity or] 1
parentage [, as applicable,] is not the [father or] parent [, as 2
applicable,] of the child. 3
2. As used in this section, “court” has the meaning ascribed to 4
it in NRS 125B.004. 5
Sec. 123. NRS 440.319 is hereby amended to read as follows: 6
440.319 1. Whenever the State Registrar receives an order 7
issued by a district court in this State pursuant to subsection 4 of 8
NRS 126.720 validating a gestational agreement and declaring the 9
intended parent or parents to be the parent or parents of the resulting 10
child, the State Registrar shall prepare and file a certificate of birth 11
in the name of the child which shows the intended parent or parents 12
as the parent or parents of the child and seal and file the order and 13
the original certificate of birth, if any. Unless the court order is 14
issued by a district court in this State for an action which was 15
originally commenced in this State, a court order concerning a 16
gestational agreement is not valid for any purpose in this State as it 17
relates to a child born in this State, including, without limitation, the 18
preparation and filing of a certificate of birth by the State Registrar. 19
2. As used in this section: 20
(a) “Gestational agreement” has the meaning ascribed to it in 21
NRS 126.570. 22
(b) “Intended parent” has the meaning ascribed to it in [NRS 23
126.590.] section 17 of this act. 24
Sec. 124. NRS 440.325 is hereby amended to read as follows: 25
440.325 1. In the case of the [paternity or] parentage of a 26
child being established by the: 27
(a) [Person who gave birth and other parent acknowledging 28
paternity of a child by signing a declaration for the voluntary 29
acknowledgment of paternity developed by the Board pursuant to 30
NRS 440.283; 31
(b)] Person who gave birth to the child and another person 32
acknowledging parentage of the child by signing a declaration for 33
the voluntary acknowledgment of parentage developed by the Board 34
pursuant to NRS 440.285; or 35
[(c)] (b) Order of a district court, 36
the State Registrar, upon the receipt of the declaration or court 37
order, shall prepare a new certificate of birth in the name of the 38
child as shown in the declaration or order with no reference to the 39
fact of legitimation. 40
2. The new certificate must be identical with the certificate 41
registered for the birth of a child born in wedlock. 42
3. Except as otherwise provided in subsection 4, the evidence 43
upon which the new certificate was made and the original certificate 44
– 54 –
- *AB424*
must be sealed and filed and may be opened only upon the order of 1
a court of competent jurisdiction. 2
4. The State Registrar shall, upon the request of the Division of 3
Welfare and Supportive Services of the Department of Health and 4
Human Services, open a file that has been sealed pursuant to 5
subsection 3 to allow the Division to compare the information 6
contained in the declaration or order upon which the new certificate 7
was made with the information maintained pursuant to 42 U.S.C. § 8
654a. 9
Sec. 125. NRS 449.246 is hereby amended to read as follows: 10
449.246 1. Before discharging [an unmarried woman who 11
has borne] a person who gave birth to a child, a hospital or 12
freestanding birthing center shall provide to the child’s parents: 13
(a) The opportunity to sign, in the hospital, a declaration for the 14
voluntary acknowledgment of [paternity] parentage developed 15
pursuant to NRS [440.283;] 440.285 and, if applicable, a voluntary 16
denial of parentage developed pursuant to NRS 440.285; 17
(b) Written materials about establishing [paternity;] parentage; 18
(c) The forms necessary to acknowledge [paternity] or deny 19
parentage voluntarily; 20
(d) A written description of the rights and responsibilities of 21
acknowledging [paternity;] parentage; and 22
(e) The opportunity to speak by telephone with personnel of the 23
program for enforcement of child support who are trained to clarify 24
information and answer questions about the establishment of 25
[paternity.] parentage. 26
2. The Administrator of the Division of Welfare and 27
Supportive Services of the Department of Health and Human 28
Services shall adopt the regulations necessary to ensure that the 29
services provided by a hospital or freestanding birthing center 30
pursuant to this section are in compliance with the regulations 31
adopted by the Secretary of Health and Human Services pursuant to 32
42 U.S.C. § 666(a)(5)(C). 33
Sec. 126. NRS 629.151 is hereby amended to read as follows: 34
629.151 It is unlawful to obtain any genetic information of a 35
person without first obtaining the informed consent of the person or 36
the person’s legal guardian pursuant to NRS 629.181, unless the 37
information is obtained: 38
1. By a federal, state, county or city law enforcement agency to 39
establish the identity of a person or dead human body; 40
2. [To determine the parentage or identity of a person pursuant 41
to NRS 56.020; 42
3.] To determine the [paternity] parentage of a person pursuant 43
to NRS [126.121 or] 425.384 [; 44
4.] or sections 53 to 67, inclusive, of this act; 45
– 55 –
- *AB424*
3. For use in a study where the identities of the persons from 1
whom the genetic information is obtained are not disclosed to the 2
person conducting the study; 3
[5.] 4. To determine the presence of certain preventable or 4
inheritable disorders in an infant pursuant to NRS 442.008 or a 5
provision of federal law; or 6
[6.] 5. Pursuant to an order of a court of competent 7
jurisdiction. 8
Sec. 127. NRS 629.171 is hereby amended to read as follows: 9
629.171 It is unlawful to disclose or to compel a person to 10
disclose the identity of a person who was the subject of a genetic 11
test or to disclose genetic information of that person in a manner 12
that allows identification of the person, without first obtaining the 13
informed consent of that person or his or her legal guardian pursuant 14
to NRS 629.181, unless the information is disclosed: 15
1. To conduct a criminal investigation, an investigation 16
concerning the death of a person or a criminal or juvenile 17
proceeding; 18
2. [To determine the parentage or identity of a person pursuant 19
to NRS 56.020; 20
3.] To determine the [paternity] parentage of a person pursuant 21
to NRS [126.121 or] 425.384 [; 22
4.] or sections 53 to 67, inclusive, of this act; 23
3. Pursuant to an order of a court of competent jurisdiction; 24
[5.] 4. By a physician and is the genetic information of a 25
deceased person that will assist in the medical diagnosis of persons 26
related to the deceased person by blood; 27
[6.] 5. To a federal, state, county or city law enforcement 28
agency to establish the identity of a person or dead human body; 29
[7.] 6. To determine the presence of certain preventable or 30
inheritable disorders in an infant pursuant to NRS 442.008 or a 31
provision of federal law; 32
[8.] 7. To carry out the provisions of NRS 442.300 to 442.330, 33
inclusive; 34
[9.] 8. By an agency of criminal justice pursuant to NRS 35
179A.075; or 36
[10.] 9. As permitted by the Health Insurance Portability and 37
Accountability Act of 1996, Public Law 104-191, and the 38
regulations adopted pursuant thereto. 39
Sec. 128. NRS 629.260 is hereby amended to read as follows: 40
629.260 1. A health care facility shall not provide a patient 41
with human reproductive material for assisted reproduction except 42
in accordance with any written agreement entered into between: 43
(a) The health care facility and the patient; and 44
(b) The health care facility and the donor. 45
– 56 –
- *AB424*
2. A health care facility that violates the provisions of this 1
section is subject to a civil penalty of not more than $10,000 for 2
each violation. This penalty must be recovered in a civil action, 3
brought in the name of the State of Nevada by the Attorney General. 4
In such an action, the Attorney General may recover reasonable 5
attorney’s fees and costs. If a civil penalty is imposed against a 6
health care facility for violating the provisions of this section, the 7
Attorney General shall, within 30 days after the imposition of the 8
civil penalty, notify: 9
(a) The Division of Public and Behavioral Health of the 10
Department of Health and Human Services, if the violation was 11
committed by a medical facility or medical laboratory. 12
(b) The occupational licensing board responsible for licensing 13
the provider of health care who oversees an unlicensed health care 14
facility, if the violation was committed by a health care facility that 15
is not a medical facility or medical laboratory. 16
3. As used in this section: 17
(a) “Assisted reproduction” has the meaning ascribed to it in 18
[NRS 126.510.] section 8 of this act. 19
(b) “Health care facility” means a medical facility, sperm bank, 20
laboratory, clinic or office of a provider of health care that provides 21
services relating to assisted reproduction. 22
(c) “Human reproductive material” means a gamete or human 23
organism at any stage of development from fertilized ovum to 24
embryo. 25
(d) “Medical facility” has the meaning ascribed to it in 26
NRS 449.0151. 27
(e) “Medical laboratory” has the meaning ascribed to it in 28
NRS 652.060. 29
(f) “Provider of health care” has the meaning ascribed to it in 30
NRS 200.975. 31
Sec. 129. NRS 652.210 is hereby amended to read as follows: 32
652.210 1. Except as otherwise provided in subsection 2 and 33
NRS [126.121 and] 652.186 [,] and sections 53 to 67, inclusive, of 34
this act, no person other than a licensed physician, a licensed 35
optometrist, a licensed practical nurse, a registered nurse, a 36
perfusionist, a physician assistant licensed pursuant to chapter 630 37
or 633 of NRS, a certified advanced emergency medical technician, 38
a certified paramedic, a practitioner of respiratory care licensed 39
pursuant to chapter 630 of NRS, a licensed anesthesiologist 40
assistant, a licensed dentist or a registered pharmacist may 41
manipulate a person for the collection of specimens. The persons 42
described in this subsection may perform any laboratory test which 43
is classified as a waived test pursuant to Subpart A of Part 493 of 44
Title 42 of the Code of Federal Regulations without obtaining 45
– 57 –
- *AB424*
certification as an assistant in a medical laboratory pursuant to 1
NRS 652.127. 2
2. The technical personnel of a laboratory may collect blood, 3
remove stomach contents, perform certain diagnostic skin tests or 4
field blood tests or collect material for smears and cultures. 5
Sec. 130. NRS 689A.0424 is hereby amended to read as 6
follows: 7
689A.0424 1. An insurer that offers or issues a policy of 8
health insurance that includes coverage for maternity care shall not 9
deny, limit or seek reimbursement for maternity care because the 10
insured is acting as a gestational carrier. 11
2. If an insured acts as a gestational carrier, the child shall be 12
deemed to be a child of the intended parent, as defined in [NRS 13
126.590,] section 17 of this act, for purposes related to the policy of 14
health insurance. 15
3. As used in this section, “gestational carrier” has the meaning 16
ascribed to it in NRS 126.580. 17
Sec. 131. NRS 689B.03766 is hereby amended to read as 18
follows: 19
689B.03766 1. An insurer that offers or issues a policy of 20
group health insurance that includes coverage for maternity care 21
shall not deny, limit or seek reimbursement for maternity care 22
because the insured is acting as a gestational carrier. 23
2. If an insured acts as a gestational carrier, the child shall be 24
deemed to be a child of the intended parent, as defined in [NRS 25
126.590,] section 17 of this act, for purposes related to the policy of 26
group health insurance. 27
3. As used in this section, “gestational carrier” has the meaning 28
ascribed to it in NRS 126.580. 29
Sec. 132. NRS 689C.1945 is hereby amended to read as 30
follows: 31
689C.1945 1. A carrier that offers or issues a health benefit 32
plan that includes coverage for maternity care shall not deny, limit 33
or seek reimbursement for maternity care because the insured is 34
acting as a gestational carrier. 35
2. If an insured acts as a gestational carrier, the child shall be 36
deemed to be a child of the intended parent, as defined in [NRS 37
126.590,] section 17 of this act, for purposes related to the health 38
benefit plan. 39
3. As used in this section, “gestational carrier” has the meaning 40
ascribed to it in NRS 126.580. 41
Sec. 133. NRS 695A.1857 is hereby amended to read as 42
follows: 43
695A.1857 1. A society that offers or issues a benefit 44
contract that includes coverage for maternity care shall not deny, 45
– 58 –
- *AB424*
limit or seek reimbursement for maternity care because the insured 1
is acting as a gestational carrier. 2
2. If an insured acts as a gestational carrier, the child shall be 3
deemed to be a child of the intended parent, as defined in [NRS 4
126.590,] section 17 of this act, for purposes related to the benefit 5
contract. 6
3. As used in this section, “gestational carrier” has the meaning 7
ascribed to it in NRS 126.580. 8
Sec. 134. NRS 695B.1948 is hereby amended to read as 9
follows: 10
695B.1948 1. An insurer that offers or issues a contract for 11
hospital or medical services that includes coverage for maternity 12
care shall not deny, limit or seek reimbursement for maternity care 13
because the insured is acting as a gestational carrier. 14
2. If an insured acts as a gestational carrier, the child shall be 15
deemed to be a child of the intended parent, as defined in [NRS 16
126.590,] section 17 of this act, for purposes related to the contract 17
for hospital or medical services. 18
3. As used in this section, “gestational carrier” has the meaning 19
ascribed to it in NRS 126.580. 20
Sec. 135. NRS 695C.1712 is hereby amended to read as 21
follows: 22
695C.1712 1. A health maintenance organization that offers 23
or issues a health care plan that includes coverage for maternity care 24
shall not deny, limit or seek reimbursement for maternity care 25
because the enrollee is acting as a gestational carrier. 26
2. If an enrollee acts as a gestational carrier, the child shall be 27
deemed to be a child of the intended parent, as defined in [NRS 28
126.590,] section 17 of this act, for purposes related to the health 29
care plan. 30
3. As used in this section, “gestational carrier” has the meaning 31
ascribed to it in NRS 126.580. 32
Sec. 136. NRS 695G.1716 is hereby amended to read as 33
follows: 34
695G.1716 1. A managed care organization that offers or 35
issues a health care plan that includes coverage for maternity care 36
shall not deny, limit or seek reimbursement for maternity care 37
because the insured is acting as a gestational carrier. 38
2. If an insured acts as a gestational carrier, the child shall be 39
deemed to be a child of the intended parent, as defined in [NRS 40
126.590,] section 17 of this act, for purposes related to the health 41
care plan. 42
3. As used in this section, “gestational carrier” has the meaning 43
ascribed to it in NRS 126.580. 44
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Sec. 137. The amendatory provisions of this act apply to a 1
pending proceeding to adjudicate parentage commenced before 2
October 1, 2025, for an issue on which a judgment has not been 3
entered. 4
Sec. 138. The Legislative Counsel shall: 5
1. In preparing the Nevada Revised Statutes, use the authority 6
set forth in subsection 10 of NRS 220.120 to appropriately replace 7
references to the term “paternity” with the term “parentage,” 8
references to the term “father” with the term “parent” and references 9
to the term “mother” with the term “parent,” “person who gave 10
birth,” “person who will give birth,” “person giving birth” or other 11
similar term, as appropriate given the context, in the manner 12
provided in this act; and 13
2. In preparing the supplements of the Nevada Administrative 14
Code, appropriately replace reference to the term “paternity” with 15
the term “parentage,” reference to the term “father” with the term 16
“parent” and references to the term “mother” with the term “parent,” 17
“person who gave birth,” “person who will give birth,” “person 18
giving birth” or another similar term, as appropriate given the 19
context, in the manner provided in this act. 20
Sec. 139. NRS 56.020, 126.021, 126.041, 126.051, 126.053, 21
126.071, 126.081, 126.091, 126.101, 126.105, 126.111, 126.121, 22
126.131, 126.141, 126.143, 126.171, 126.223, 126.231, 126.510, 23
126.540, 126.550, 126.560, 126.590, 126.600, 126.610, 126.620, 24
126.630 and 440.283 are hereby repealed. 25
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.
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- *AB424*
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.
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