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).
What happens if the clinic makes a mistake and the baby is not the genetic baby of the intended parents?
By Natalia Álvarez (project manager).
Last Update: 01/31/2018
Graduated in Business Administration from the University of Alicante. She has more than 9 years of experience in the field of assisted reproduction and was the creator and director of the first assisted reproduction fair in Spain. She is the director of Wearesurrogacy and is an expert in the sector of surrogacy because during all these years has had the opportunity to know hundreds of real cases of couples who have carried out treatments for surrogacy and the best professionals, international clinics.