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Surrogacy Laws in Nevada

by | Dec 24, 2024

Does Health Insurance Cover Surrogacy in Nevada?

Surrogates have made parenthood a possibility for individuals and couples who may be unable to have biological children or adopt a child due to age or marital status. Whether a friend or family member acts as your surrogate or you arrange a surrogate through one of the nation’s 100+ agencies, this route can be very expensive. Costs vary depending on the route you choose, but on average, prospective parents pay $100,000 between advertising services, matching fees, surrogate compensation, legal fees and health care costs.

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Health Care Costs

While all of these expenses can be steep, the health care costs associated with pregnancy and birth can be especially high, particularly if there are any complications. In fact, there have been instances where medical costs exceed half a million dollars.

In a traditional situation in which the woman carrying the baby is the biological mother, her health insurance covers maternity care. However, the rules get a little murky when the woman is acting as a surrogate.

Is Gestational Surrogacy Covered by Health Insurance?

Generally speaking, the intended parents are responsible for covering pregnancy-related expenses, including complications that may arise over the course of the pregnancy and delivery. The standard way to control health care costs is to purchase health insurance for the woman acting as the gestational surrogate.

While all ACA-compliant health insurance plans cover maternity care, some health insurance companies do not provide coverage when the policyholder is providing gestational surrogacy services. In this case, it fell to the intended parents to purchase health insurance coverage for the surrogate that would cover maternity care.

Some health insurance plans expressly cover gestational surrogates, but they are the exception rather than the rule. In fact, it is more common for health insurance plans to state that they do not cover expenses related to surrogacy. In this case, the intended parents are required to cover all maternity services.

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New Law for Gestational Surrogacy in Nevada

Recently, Nevada became the first state to pass Assembly Bill (AB) 472 of the 80th Session of the Nevada Legislature. This law specifically bars health insurance companies from denying coverage to policyholders who act as gestational surrogates. This ensures that the intended parents, who are already shouldering high surrogacy costs, are not also responsible for paying burdensome medical bills. The new law eliminates a significant financial obstacle for prospective parents, putting their hopes of having a biological child within closer reach.​

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