Nevada law takes this unique situation into consideration. If the contract was valid but, because of a laboratory error, the child turns out to have no genetic link to the intented parents or gamete donors (if any), the intented parents will be considered to remain the parents of the baby regardless, unless a court determines otherwise. In this case, the claim can only come from the child's genetic parent(s) within 60 days after birth (NRS 126.720).
Read the full article on: Surrogacy in Nevada: Legislation, Contract and Filiation ( 50).