AB 371 — Makes various changes relating to parentage. (BDR 11-140)
Last action — Vetoed by the Governor.
-
✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Vetoed by Governor Joe Lombardo (Republican) on June 16, 2023.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
2434 added · 2578 removed2434 line(s) added, 2578 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2023) FIRST REPRINT A.B.
371371–Assemblywomen ACohen, SSEMBLYBackus; B ILL NO .
371–ASSEMBLYWOMENand COHENBilbray-Axelrod ,Joint BSponsor: ACKUS ;AND BILBRAY -AXELROD M ARCH 22, 2023 ____________ JOINT SPONSOR :
SENATORSenator OOhrenschall HRENSCHALLCHAPTER.......... ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to parentage.
(BDR 11-140) FISCAL NOTE:
EffectProvides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
-Legislative *AB371_R1*Counsel’s –Digest: 2 – LegExisting law sets forth provisions governing parentage and the establishment of parent and child relationships.
(ChapterExisting 126law ofsets NRS)forth Sections 28-91 of this bill generally replace such provisions withgoverning provisionsparentage modeledand afterthe thoseestablishment of theparent Uniformand Parentagechild Actrelationships. (hereinafter “UPA”), adopted by the Uniform Law Commission in 2017.
(Chapter 126 of NRS) Sections 28-91 of this bill generally replace such provisions with provisions modeled after those of the Commission in 2017.
Existing law provides the manners in which the legal relationship of a mother agreement,and proofchild thatcan abe womanestablished, gaveincluding: birth to a child;
(2)(1) anexcept adjudicationin thatthe alcase of a gestational woman is the mother of a child;
(NRS 126.041) Existing law also provides the manners in which the legal relationship of athe father andof childa canchild; be established, including:
(1) an adjudication that a man is the father of a child;
(4) an adjudication presumption- of82nd paternitySession that(2023) arises– if2 – confirming a man wasas marrieda toparent or cohabiting with the natural mother of a child orborn residesto with and holds out a childgestational ascarrier; his natural child;
(5) a presumption of paternity that arises if a man was married to or cohabiting with the natural mother of a child or resides with and holds out a child as his natural child;
(NRS 126.041, 126.051, 126.053) Section 34 of this bill uses the gender-neutral language of the UPA to set forth the circumstances in which a parent and child relationship is established between a person and a child.
Similarly, section 37 of this bill uses the gender-neutralgender-neutrala language of the UPA to establish the circumstances in which a person is presumed to be a parent of a child.
Sections 38-51 of this bill establish provisions modeled after those of the UPA relating to the voluntary acknowledgment or voluntary denial of parentage byheby UPA certain persons, including provisions relating to the requirements for, rescission of and challenge to an acknowledgment of parentage or denial of parentage.
Section 42 of this bill provides that, unless an acknowledgment of parentage or denial of parentage is rescinded or challenged, such an acknowledgment of parentage or denial of parentage that meets all requirements of law and is filed with the State Registrar of Vital Statistics is equivalent to an adjudication of the parentage of a child or the nonparentage of a person, respectively.
Section 43 of this bill prohibits the State Registrar of Vital Statistics from charging a fee for filing an acknowledgment of parentage or denial of parentage, and section 51 of this bill authorizes the State Board of Health to adopt any necessary regulations relating to an acknowledgment of parentage or denial of parentage.
Existing law provides that in an action to determine paternity, a court is authorized or required, depending on the circumstances, to order genetic testing of a mother, child, alleged father or any other person.
(5) additional genetic testing when a allegedresult geneticis parent;contested;
(6) genetic testing when a specimen is not available from an alleged genetic parent;
-Existing *AB371_R1*law –establishes 3various –provisions relating to an action to determine paternity or maternity.
Existing law provides that if an action to determine paternity is brought before the birth of a child, all proceedings areSection generally84 requiredof this bill instead authorizes a proceeding to adjudicate parentage to be commenced and an order or judgment to be entered before the birth of a child, but requires enforcement of the order or judgment to be stayed until after the birth of the child.
(NRSExisting 126.071) Section 84 of this bill instead authorizes a proceeding to adjudicate parentage to be commenced and an order or judgment to be entered before the birth of a child, but requires enforcement of the order or judgment to be stayed until after the birth of theExisting law does not bar an action to determine paternity until 3 years after a child reaches the age of majority.
Existing law requires that an informal hearing be held after an action to determine paternity has been brought and further requires a court to attempt to - 82nd Session (2023) – 3 – resolve the issues raised in the action during the pretrial hearing.
(NRS 126.111) Section 136 of this bill repeals the provisions relating to such a pretrial hearing, as theSectionthe 77UPA ofdoes thisnot billrequire authorizesany asuch personpretrial whohearing claims to be aconducted. de facto parent of a child to commence a proceeding to establish parentage of the child if the child is alive and less than 18 years of age.
Section 77 providesof thatthis bill authorizes a person who claims to be a de facto parent of a child mustto becommence adjudicated as a parentproceeding of the child if there is only one other person who is a parent or has a claim to establish parentage of the child andif the personchild whois claimsalive toand beless athan de18 factoyears parentof canage. demonstrate certain facts by clear and convincing evidence.
Section 77 provides that a person who claims to only one other person who is a parent or has a claim to parentage of the child andere is the person who claims to be a de facto parent can demonstrate certain facts by clear and convincing evidence.
Existing law establishes provisions concerning assisted reproduction and gestational surrogacy.
Existing law requires that a gestational agreement provide for the express written agreement of the gestational carrier to undergo embryo or gamete transfer 107and ofattempt this bill specifies that a gestational carrier has the right to makecarry all health and welfaregive decisionsbirth regardingto theany gestationalresulting carrierchild. and the pregnancy of the gestational carrier, including whether to:
(NRS 126.750) Section written agreement of the gestational carrier and any legal spouse or domesticxpress partner of the gestational carrier to acknowledge that each intended parent is the legal and physical custodian of any resulting child.
Section 107 also specifies that a gestational carrier has the right to make all health and welfare decisions regarding the gestational carrier and the pregnancy of the gestational carrier, including whether to:
Section 107 further provides that any provision in a gestational agreement that contradicts such a right is void and unenforceable.
Existing law provides that the subsequent marriage or domestic partnership of a gestational carrier after the execution of a gestational agreement does not affect the validity of the agreement.
Show all 421 changed lines (381 more)
(NRS 126.770) Section 108 of this bill provides that thethethe subsequent marriage, domestic partnership or divorce of any party to a gestational agreement does not affect the validity of the agreement unless the agreement expressly provides otherwise.
- *AB371_R1* – 4 – Existing law provides that if a gestational carrier breaches a gestational agreement, a specific performance remedy that would require the gestational carrier to be impregnated is prohibited.
(NRS 126.780) Section 109 of this bill instead provides that specific performance is not an available remedy with regard to a gestational agreement except to enforce any provision in the agreement that is necessary to enable the intended parents to exercise the full rights of parentage immediately upon the birth of the child, if the intended parents are being prevented from exercising such rights.
Sections 98-106 of this bill make various other changes to the provisions of exiSection 136 repeals provisions of existing law thatconcerning areassisted notreproduction necessaryand becausegestational ofsurrogacy. the establishment of the provisions modeled after those of the UPA in sections 28-91.
- 82nd Session (2023) – 4 – Section 136 repeals provisions of existing law that are not necessary because of 28-91.tablishment of the provisions modeled after those of the UPA in sections Sections 1, 94-97, 110-133 and 136 of this bill make conforming changes to reflect the revisions made to existing law because of the establishment of the unnecessary provisions inmodeled sectionafter 136.UPAthose of the UPA in sections 28-91 and the repeal of THEunnecessary PEOPLEprovisions OFin THEsection STATE136. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- *AB371_R1* – 5 – (I) Is not subject to any presumption of paternity under NRS 126.051;
or - 82nd Session (2023) – 5 – (III) Has had actual knowledge of his paternity but has abandoned the child.
and (2)in Theher fatherabsence.father has provided sole care and custody of the child in3. her absence.
3.
“Alleged genetic parent” means a person who is alleged to be, or alleges that the person is, a genetic parent or possible genetic parent of a child whose parentage has not beenbeenor adjudicated.
and - *AB371_R1* – 6 – 5.
- 82nd Session (2023) – 6 – may be determined under sections 28 to 91, inclusive, of this act.
9.
“Child” means a person of any age whose parentage may be determined under sections 28 to 91, inclusive, of this act.
Sec.
1.reproduction, except as otherwise provided in NRS 126.500 tosted 126.810, inclusive, and sections 92 and 93 of this act;
A person who gives birth to a child conceived by assisted reproduction, except as otherwise provided in NRS 126.500 to 126.810, inclusive, and sections 92 and 93 of this act;
“Parentage” or “parent and child relationship” means the legal relationship between a child and a parent of the child.chiSec.
Sec.
- *AB371_R1*82nd Session (2023) – 7 – Sec.
To attach to or logically associate with the record an electroniceleSec. symbol, sound or process.
Sec.
Sections 28 to 91, inclusive, of this act do not create, affect, enlarge or diminish parental rights or duties under law of this StateStaSec. other than sections 28 to 91, inclusive, of this act.
Sec.
A proceeding under sections 28 to 91, inclusive, of this act is subject to law of this State other than sections 28 to 91, inclusive, of this act which governs the health, safety, privacy and liberty of a child or other person who could be affected by disclosure of information that could identify the child or other person, including, without limitation, address, telephone number, - 82nd Session (2023) – 8 – digital contact information, place of employment, social security number and the child’s day care facility or school.
- *AB371_R1* – 8 – Sec.
To the extent practicable, a provision of sections 28 to 91, inclusive, of this act applicable to a father and child relationship applies to a mother and child relationship and a provision of sections 28 to 91, inclusive, of this act applicable to a mother and child relationship applies to a father and child relationship.
The person acknowledges parentage of the child under sections 38 to 51, inclusive, of this act, unless the acknowledgment is rescinded under section 45 of this act or successfully challenged under sections 38 to 51, inclusive, or sections 69 to 89, inclusive, of this act;
The person’s parentage of the child is established under NRS 126.500 to 126.810, inclusive, and sections 92 and 93 of this act.actSec.
Sec.
(1) The person and the person who gave birth to the child are married to or in a domestic partnership with each other and the child is born during the marriage or domestic partnership, - 82nd Session (2023) – 9 – whether the marriage or domestic partnership is or could be declared invalid;
(2) The person and the person who gave birth to the child were married to or in a domestic partnership with each other and the child is born not later than 300 days after the marriage or - *AB371_R1* – 9 – domestic partnership is terminated by death, divorce, dissolution, annulment or declaration of invalidity, or after a decree of separation or separate maintenance, whether the marriage or domestic partnership is or could be declared invalid;
genetic parent of the child, intended parent under NRS 126.500 to 126.810, inclusive, and sections 92 and 93 of this act, or presumed parent may sign an acknowledgment of parentage to establish the parentage of the child.
38.
A person who gave birth to a child and an alleged genetic parent of the child, intended parent under NRS 126.500 to 126.810, inclusive, and sections 92 and 93 of this act, or presumed parent may sign an acknowledgment of parentage to establish the parentage of the child.
Sec.
An acknowledgment of parentage under section 38 of this act must:
- 82nd Session (2023) – 10 – (1) Does not have a presumed parent other than the person seeking to establish the parent and child relationship or has a presumed parent whose full name is stated;
and (2) Does not have another acknowledged parent, adjudicated parent or person who is a parent of the child under NRS 126.500 to 126.810, inclusive, and sections 92 and 93 of this act other than the person who gave birth to the child;
and (c) State that the signatories understand that the acknowledgementacknowledgment is the equivalent of an adjudication of - *AB371_R1* – 10 – parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred 2 years after the effective date of the acknowledgment.
2.parent is attested by an electronic notary public or other notarial officer or signed by at least one witness;
The signature of the presumed parent or alleged genetic parent is attested by an electronic notary public or other notarial officer or signed by at least one witness;
- 82nd Session (2023) – 11 – 2.
Subject to subsection 1, an acknowledgment of parentage or denial of parentage takes effect on the filing of the document withwit4.theAn acknowledgment of parentage or denial of parentage signed by a person who is a minor is valid if the Stateacknowledgment Registrarcomplies with sections 28 to 91, inclusive, of Vitalthis Statistics.act.
4.
An acknowledgment of parentage or denial of parentage signed by a person who is a minor is valid if the acknowledgment complies with sections 28 to 91, inclusive, of this act.
Except as otherwise provided in sections 45 and 46 of this act, an acknowledgment of parentage that complies with sections 38 to 51, inclusive, of this act and is filed with the State - *AB371_R1* – 11 – Registrar of Vital Statistics is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent.
Sec.administrative agency conducting an administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of parentage.
44.
A court conducting a judicial proceeding or an administrative agency conducting an administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of parentage.
- 82nd Session (2023) – 12 – 2.
If an acknowledgment of parentage is rescinded under subsection 1, an associated denial of parentage is invalid, and the State Registrar of Vital Statistics shall notify the person who gave birth to the child and the person who signed a denial of parentage ofto give the childnotice thatrequired by this subsection does not affect the acknowledgmentvalidity hasof beenthe rescinded.rescission.
Failure to give the notice required by this subsection does not affect the validity of the rescission.
After the period for rescission under section 45 of this act expires, but not later than 2 years after the effective date under section 41 of this act of an acknowledgment of parentage or denial of parentage, a signatory of the acknowledgment or denial may commence a proceeding to challenge the acknowledgment or - *AB371_R1* – 12 – denial only on the basis of fraud, duress or material mistake of fact.
The court may not suspend the legal responsibilities arising from an acknowledgment of parentage, including the duty to pay child support, during the pendency of a proceeding to challenge the acknowledgment or a related denial of parentage, unless the party challenging the acknowledgment or denial shows good cause.
The court shall give full faith and credit to an acknowledgment of parentage or denial of parentage effective in - 82nd Session (2023) – 13 – another state if the acknowledgment or denial was in a signed record and otherwise complies with the law of the other state.
A valid acknowledgment of parentage or denial of parentage is not affected by a later modification of the declaration developeddevSec. by the State Board of Health pursuant to NRS 440.285.
Sec.
The1.he SThe State Registrar of Vital Statistics maymay5. release information relating to an acknowledgment of parentage or denial of parentage to a signatory of the acknowledgment or denial, a court, federal agency and child support agency of this or another state.
release information relating to an acknowledgment of parentage or denial of parentage to a signatory of the acknowledgment or denial, a court, federal agency, agency which provides child welfare services and child support agency of this or another state.
2.
As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
As used in sections 52 to 68, inclusive, of this act, unless the context otherwise requires, the words and terms defined - *AB371_R1* – 13 – in sections 53 to 57, inclusive, of this act have the meanings ascribed to them in those sections.
racial group to which a person alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random person of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability.
56.
“Probability of parentage” means, for the ethnic or racial group to which a person alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random person of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability.
Sec.
- 82nd Session (2023) – 14 – Sec.
or (b)facilitation Isof testeda underchild ansupport orderagency.court of the court or as a result of the facilitation2. of a child support agency.
2.
Except as otherwise provided in sections 52 to 68, inclusive, of this act or sections 69 to 89, inclusive, of this act, in a proceeding under sections 28 to 91, inclusive, of this act to determine parentage, the court shall order the child and any other person to submit to genetic testing if a request for testing is supported by the sworn statement of a party:
or - *AB371_R1* – 14 – (b) Denying genetic parentage of the child and stating facts establishing a reasonable possibility that the person is not a genetic parent.
4.testing, the court may order that testing be completed concurrently or sequentially.
If two or more persons are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially.
- 82nd Session (2023) – 15 – 7.
8.enforceable by contempt.is section for genetic testing is Sec.
An order under this section for genetic testing is enforceable by contempt.
Sec.
Based on the ethnic or racial group of a person undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in - *AB371_R1* – 15 – calculating a relationship index.
(a) Not later than 30 days after receipt of the report of the test, the objecting person or child support agency may request the court to require the laboratory to recalculate the relationship index usinglaboratory.hnic an ethnic or racial group different from that used by the laboratory.(b) The person or the child support agency objecting to the laboratory’s choice under this subsection shall:
(b) The person or the child support agency objecting to the laboratory’s choice under this subsection shall:
If, after recalculation of the relationship index under subsection 3 using a different ethnic or racial group, genetic testing under section 62 of this act does not identify a person as a genetic- parent82nd ofSession a(2023) child,– the16 court– may require a person who has been tested to submit to additional genetic testing to identify a genetic parent.
A report complying with the requirements of sections 52 to 68, inclusive, of this act is self-authenticating.
and (e)Sec. The date each specimen was received.
Sec.
1.1.e eacSubject to a challenge under subsection 2, a person is identified under sections 28 to 91, inclusive, of this act as a genetic parent of a child if genetic testing complies with sections to 68, inclusive, of this act and the results of the testing disclose:
Subject(a) toThe aperson challengehas underat subsectionleast 2, a person99 ispercent identifiedprobability under sections 28 to 91, inclusive, of thisparentage, actusing as a geneticprior parentprobability of a0.50, childas ifcalculated geneticby testingusing compliesthe withcombined sectionsrelationship 52index toobtained 68,in inclusive, of this act and the resultstesting; of the testing disclose:
- *AB371_R1* – 16 – (a) The person has at least a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing;
or (b) Identifies another person as a possible genetic parent of the child other(1) than:The person who gave birth to the child;
(1) The person who gave birth to the child;
- 82nd Session (2023) – 17 – Sec.
(b)(c) As agreedordered by the parties;court.;
or (c)2. As ordered by the court.
2.
and - *AB371_R1* – 17 – (d) Another relative of the alleged genetic parent necessary to completecom2.eteTo issue an order under this section, the court must find that a need for genetic testing.testing outweighs the legitimate interests of the person sought to be tested.
2.
To issue an order under this section, the court must find that a need for genetic testing outweighs the legitimate interests of the person sought to be tested.
- 82nd Session (2023) – 18 – Sec.
A person who intentionally releases an identifiable specimen of another person collected for genetic testing under sections 52 to 68, inclusive, of this act for a purpose not relevant to a proceeding regarding parentage, without a court order or written permission of the person who furnished the specimen, commits a misdemeanor.
Except as otherwise provided in sections 28 to 91, inclusive, of this act, the proceeding is governed by the Nevada Rules of Civil Procedure.
Except as otherwise provided in sections 38 to 51, inclusive, and sections 76 to 79, inclusive, of this act, a proceeding to adjudicate parentage may be maintained by:
4.5.
A personchild whosesupport parentageagency ofor theother childgovernmental isagencydicated; to be adjudicated;
-authorized *AB371_R1*by –law 18of –this 5.State other than sections 28 to 91, inclusive, of this act;
A child support agency or other governmental agency authorized by law of this State other than sections 28 to 91, inclusive, of this act;
or 7.
A representative authorized by law of this State other than sections 28 to 91, inclusive, of this act to act for a person who otherwise would be entitled to maintain a proceeding but is deceased, incapacitated or a minor.minor;
Sec.or 8.
An agency which provides child welfare services in a proceeding pursuant to chapter 432B of NRS.
As used in this subsection, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
- 82nd Session (2023) – 19 – Sec.
(a) The person who gave birth to the child, unless a court has adjudicatedparent;ated that the person who gave birth to the child is not a parent;(b) A person who is a parent of the child under sections 28 to 91, inclusive, of this act;
(b) A person who is a parent of the child under sections 28 to 91, inclusive, of this act;
Venue for a proceeding to adjudicate parentage is in thethe1.ounThe countychild ofresides thisor Stateis inlocated; which:
1.
The child resides or is located;
or 3.
A proceeding has been commenced for administration of the estate of a person who is or may be a parent under sections 28 to 91, inclusive, of this act.act;
-or *AB371_R1*4. – 19 – Sec.
A proceeding has been commenced to protect a child from abuse or neglect pursuant to chapter 432B of NRS.
Sec.
- 82nd Session (2023) – 20 – 3.
Unless the court orders otherwise, the party offering the testimony bears the expense for the expert testifying.tes4.fyiAdmissibility of a report of genetic testing is not affected by whether the testing was performed:
4.
Admissibility of a report of genetic testing is not affected by whether the testing was performed:
(b) Admits parentage in a pleading, when making an appearance or during a hearing, the court accepts the admission and the court determines the alleged genetic parent to be a parent of (c) Declines to submit to genetic testing ordered by the court or facilitated by a child support agency, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child;
(c) Declines to submit to genetic testing ordered by the court or facilitated by a child support agency, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child;
or - *AB371_R1* – 20 – (e) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child.
Subject to other limitations in sections 74 to 81, inclusive, of this act, if in a proceeding involving an alleged genetic parent, at least one other person in addition to the person who gave birth - 82nd Session (2023) – 21 – to the child has a claim to parentage of the child, the court shall adjudicate parentage under section 81 of this act.
(a)(b) BeforeAfter the child becomes an adult;adult, but only if the child initiates the proceeding.
or (b) After the child becomes an adult, but only if the child initiates the proceeding.
(c) If the presumed parent is not identified under section 62 of this act as a genetic parent of the child and the presumed parent or the person who gave birth to the child challenges the presumed parent’s parentage of the child, the court shall adjudicate thetheed parentage of the child in the best interest of the child based on the factors under subsections 1 and 2 of section 81 of this act.
and - *AB371_R1* – 21 – (b) Claims to be a de facto parent of the child.
- 82nd Session (2023) – 22 – (a) Before the child attains 18 years of age;
The following rules govern standing of a person who claims to be a de facto parent of a child to maintain a proceeding und(a) The person must file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section:section.
(a) The person must file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section.
In a proceeding to adjudicate parentage of a person who claims to be a de facto parent of the child, if there is only one other person who is a parent or has a claim to parentage of the child, the court shall adjudicate the person who claims to be a de facto parent to be a parent of the child if the person demonstrates by clear(a) andThe convincingperson evidenceresided that:with the child as a regular member of the child’s household for a significant period;
(a) The person resided with the child as a regular member of the child’s household for a significant period;
and - *AB371_R1* – 22 – (g) Continuing the relationship between the person and the child is in the best interest of the child.
- 82nd Session (2023) – 23 – 5.
Subject to other limitations in sections 74 to 81, inclusive, of this act, if in a proceeding to adjudicate parentage of a person who claims to be a de facto parent of the child, there is more than one other person who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection 4 are satisfied, the court shall adjudicate parentage under section 81 of this act.
If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by a person who was a party to the adjudication or received notice under section 71 of this act, is governed by the rules governing a collateral attack on 2.judIf a judgment.child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of parentage brought by a person, other than the child, who has standing under section 70 of this act and was not a party to the adjudication and did not receive notice under section 71 of this act:
2.
If a child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of parentage brought by a person, other than the child, who has standing under section 70 of this act and was not a party to the adjudication and did not receive notice under section 71 of this act:
If the court determines the person is a parent under - *AB371_R1*82nd –Session 23(2023) – NRS24 126.500– to 126.810, inclusive, and sections 92 and 93 of this act, the court shall adjudicate the person to be a parent of thethes child.
(c) The nature of the relationship between the child and each person;per(d) The harm to the child if the relationship between the child and each person is not recognized;
(d) The harm to the child if the relationship between the child and each person is not recognized;
3.parents under sections 28 to 91, inclusive, of this act if the court finds that failure to recognize more than two parents would be detrimental to the child.
The court may adjudicate a child to have more than two parents under sections 28 to 91, inclusive, of this act if the court finds that failure to recognize more than two parents would be detrimental to the child.
In determining detriment to the child, the court shall consider all relevant factors, including the harm if the child is removed from a stable placement with a person who has fulfilled the child’s physical needs and psychological - 82nd Session (2023) – 25 – needs for care and affection and has assumed the role for a substantial period.
- *AB371_R1* – 24 – Sec.
In a proceeding under sections 69 to 89, inclusive, of this act, the court may issue a temporary order for child support if the order is consistent with the law of this State other than sections 28 to 91, inclusive, of this act and the person ordered to pay support is:
Except as otherwise provided in subsection 2, the court may combine a proceeding to adjudicate parentage under sections 28 to 91, inclusive, of this act with a proceeding for adoption, termination of parental rights, protection of a child from abuse or neglect pursuant to chapter 432B of NRS, child custody or visitation, child support, divorce, dissolution, annulment, declaration of invalidity, legal separation or separate maintenance, administration of an estate or other appropriate proceeding.pro2.ediA respondent may not combine a proceeding described in subsection 1 with a proceeding to adjudicate parentage brought under NRS 130.0902 to 130.802, inclusive.
2.
A respondent may not combine a proceeding described in subsection 1 with a proceeding to adjudicate parentage brought under NRS 130.0902 to 130.802, inclusive.
The court shall appoint a guardian ad litem to represent a child in a proceeding under sections 69 to 89, inclusive, of this act - 82nd Session (2023) – 26 – if the court finds that the interests of the child are not adequately represented.
Sec.to 91, inclusive, of this act for want of prosecution only without prejudice.
87.
The court may dismiss a proceeding under sections 28 to 91, inclusive, of this act for want of prosecution only without - *AB371_R1* – 25 – prejudice.
In a proceeding under sections 69 to 89, inclusive, of this act, a copy of a bill for genetic testing or prenatal or postnatal health care for the person who gave birth to the child and the child, that is provided to the adverse party, excluding a child support agency, not later than 10 days before a hearing, isishild admissible to establish:
and - 82nd Session (2023) – 27 – (b) A party to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of NRS 130.201 and any person who received notice of the proceeding are bound by the adjudication.
2.sections 28 to 91, inclusive, of this act unless:
Aparentage childunder is(a) notThe bounddetermination bywas abased determinationon an unrescinded acknowledgment of parentage underand sectionsthe 28acknowledgment tois 91,consistent inclusive,with ofthe thisresults actof unless:genetic testing;
(a)(b) The determination was based on ana unrescindedfinding acknowledgmentconsistent with the results of parentagegenetic testing, and the acknowledgmentconsistency is consistentdeclared within the resultsdetermination ofor geneticotherwise testing;shown;
- *AB371_R1* – 26 – (b) The determination was based on a finding consistent with the results of genetic testing, and the consistency is declared in the determination or otherwise shown;
or (b) Provides for support of the child by a spouse or domestic partner unless that spouse’s or domestic partner’s parentage of the child is disclaimed specifically in the order.
parentage of 4.
Sections 28 to 91, inclusive, of this act modify, limit and supersede the Electronic Signatures in Global and National - 82nd Session (2023) – 28 – Commerce Act, 15 U.S.C.
Sec.conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the person’s death does not preclude the establishment of the person’s parentage of the child if the person otherwise would be a parent of the child under sections 28 to 91, inclusive, of this act.
92.2.
1.
If a person who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the person’s death does not preclude the establishment of the person’s parentage of the child if the person otherwise would be a parent of the child under sections 28 to 91, inclusive, of this act.
- *AB371_R1* – 27 – 2.
An intended parent is not a parent of a child conceived by assisted reproduction under a gestational agreement if the intended parent dies before the transfer of a gamete or embryo unless:
and (b) The transfer of a gamete or embryo occurs not later than 36 months after the death of the intended parent or birth of the child occurs not later than 45 months after the death of the intended parent.
Unless a gestational agreement provides otherwise, on termination of the agreement under subsection 1, the parties are - 82nd Session (2023) – 29 – released from the agreement, except that each intended parent remains responsible for expenses that are reimbursable under the agreement and incurred by the gestational carrier through the date of termination.
3.carrier nor the gestational carrier’s spouse, domestic partner or former spouse or domestic partner, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a gestational agreement under this section.
Except in a case involving fraud, neither a gestational carrier nor the gestational carrier’s spouse, domestic partner or former spouse or domestic partner, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a gestational agreement under this section.
The mother of - *AB371_R1* – 28 – the child and the alleged father are competent to testify and may be compelled to testify.
[3.] 2.
The trial must be by the court without a jury.
- 82nd Session (2023) – 30 – (a) One of the parties demonstrates and good cause is found by the court, or pursuant to the expedited process, for the postponement of the withholding or assignment;
4.
Such a judgment or order of this State may:
- *AB371_R1* – 29 – 5.
7.voluntary acknowledgment of paternity developed by the Statea Board of Health pursuant to NRS 440.283,] a voluntary acknowledgment of parentage developed by the State Board of Health pursuant to NRS 440.285, judicial procedure or an administrative procedure established by this or another state, as that term is defined in NRS 130.10179, to facilitate the collection of an obligation for the support of a child.
As used in this section, “expedited process” means [a voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283,] a voluntary acknowledgment of parentage developed by the State Board of Health pursuant to NRS 440.285, judicial procedure or an administrative procedure established by this or another state, as that term is defined in NRS 130.10179, to facilitate the collection of an obligation for the support of a child.
If a party is financially unable to obtain counsel, the court may appoint counsel to represent that party with respect to the determination of the existence or nonexistence of the parent and child relationship and the duty of support, including , without limitation , the expenses of the - 82nd Session (2023) – 31 – [mother’s] pregnancy and confinement [,] of the person who gave birth to the child, medical expenses for the birth of the child and support of the child from birth until trial.
If a party is financially unable to pay the cost of a transcript, thetheSec. court shall furnish on request a transcript for purposes of appeal.
Sec.
NRS 126.291 is hereby amended to read as follows:follows:of appeal.
- *AB371_R1* – 30 – (a) The State of Nevada when acting as a party to an action brought pursuant to this chapter.
If the court finds that the nonsupporting parent would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percentper4.nt All fees collected pursuant to this section must be deposited in the general fund of the supportcounty obligationand an equivalent amount must be allocated to augment the county’s program for eachthe month.enforcement of support obligations.
4.
All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.
- 82nd Session (2023) – 32 – Sec.
The consent of the spouse or domestic partner of a person whodonor.shes wishes to be a donor is not required for the person to be a donor.Sec.
Sec.
Failure [of a person to sign a declaration for the voluntary acknowledgment of parentage] to consent in a record as required by subsection 1, before or after the birth of the child, does not - *AB371_R1* – 31 – preclude a finding of parentage if [the woman and] the person [, during] who intends to be a parent of the child or the person giving birth to the child:
(a) Proves by clear and convincing evidence the existence of an express agreement entered into by the person who intends to be a parent of the child and the person giving birth to the child, before the conception of the child, that the person who intends to be a parent of the child and the person giving birth to the childchildo intended that they both would be parents of the child;
- 82nd Session (2023) – 33 – 2.
(a) The legal spouse or domestic partner did not provide gametes for, or consent to, the assisted reproduction by the person who(b) The legal spouse or domestic partner and the [woman] person who gave birth [;] to the child;child have not cohabited since the probable time of the assisted reproduction;
(b) The legal spouse or domestic partner and the [woman] person who gave birth to the child have not cohabited since the probable time of the assisted reproduction;
- *AB371_R1* – 32 – Sec.
(a)means Theof prospectiveassisted gestationalreproduction;nal carrier agrees to pregnancy by means(b) The prospective gestational carrier, [her] the legal spouse or domestic partner , if [she is married or in a domestic partnership,] any, of the prospective gestational carrier, and the donor or donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction;
(b) The prospective gestational carrier, [her] the legal spouse or domestic partner , if [she is married or in a domestic partnership,] any, of the prospective gestational carrier, and the donor or donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction;
Sec.- 82nd Session (2023) – 34 – 126.7205.
105.NExcept as otherwise provided in section 92 of this act:
NRS 126.720 is hereby amended to read as follows:
126.720 Except as otherwise provided in section 92 of this act:
and (e) Neither the gestational carrier nor [her] the legal spouse or domestic partner, if any, of the gestational carrier shall be con2.derIf a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750 and if, because of a laboratory error, the resulting child is not genetically related to the intended parent or either of the intended parents or any donor who donated to the intended parent or parents, the intended parent or parents shall be considered the parent or parents of the child, unless a determination to the contrary is made by a court of competent jurisdiction in an action which may only be brought by one or more genetic parents of the resulting child within 60 days after the birth of the child.
2.
If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750 and if, because of a laboratory error, the resulting child is not genetically related to the intended parent or either of the intended parents or any donor who donated to the intended parent or parents, the intended parent or parents shall be considered the parent or parents of the child, unless a determination - *AB371_R1* – 33 – to the contrary is made by a court of competent jurisdiction in an action which may only be brought by one or more genetic parents of the resulting child within 60 days after the birth of the child.
and (c) The gestational carrier arrangement occurs pursuant to a gestational agreement which meets the requirements set forth in NRS 126.750.
(a)- A82nd copySession (2023) – 35 – petition;copy of the gestational agreement is attached to the petition;(b) The requirements of NRS 126.740 and 126.750 are satisfied;
(b) The requirements of NRS 126.740 and 126.750 are satisfied;
or (7) The medical procedures for assisted reproduction that were performed pursuant to the gestational agreement and resulted in pregnancy were performed in this State, the court may issue an order validating the gestational agreement and declaring the intended parent or parents to be the parent or parentsparSec. of the resulting child.
Sec.
(b) Has undergone legal consultation with independent legal counsel regarding the terms of the gestational agreement and the - *AB371_R1* – 34 – potential legal consequences of the gestational carrier arrangement;
The intended parent or parents shall be deemed to have satisfied the requirements of NRS 126.710 to 126.810, inclusive, and sections 92 and 93 of this act if, before the gestational carrier agreement is executed, [he, she or they] the intended parent or parents have undergone legal consultation with independent legal counsel regarding the terms of the gestational agreement and the potential legal consequences of the gestational carrier arrangement.
- 82nd Session (2023) – 36 – 2.
3.
A gestational agreement must:
agreement must:
(1) Undergo embryo or gamete transfer and , subject to the provisions of subsection 6, attempt to carry and give birth to any resulti(2) [Surrender legal and physical custody of any resulting child to the] Acknowledge that each intended parent [or parents immediately upon the birth] is the legal and physical custodian of [the] any resulting child;
and - *AB371_R1* – 35 – (2) Surrender legal and physical custody of any resulting child to the intended parent or parents immediately upon the birth of the child;
and (2) Surrender[Surrender legal and physical custody of any resulting child to thethe] Acknowledge that each intended parent or[or parents immediately upon the birthbirth] ofis the legal and physical custodian of [the] any resulting child;
(c) The express written agreement of each party to the use by the gestational carrier of the services of a physician [of her choosing,] chosen by the gestational carrier, after consultation with the - 82nd Session (2023) – 37 – intended parent or parents, to provide care to the gestational carrier during the pregnancy;
(1) Accept legal and physical custody of any resulting child not biologically related to the gestational carrier or [her] the spouse or domestic partner, if any, of the gestational carrier immediately upon the birth of the child or children regardless of the number, gender or mental or physical condition of the child or children;
(b) The gestational carrier’s agreement to abstain from any activities that the intended parent or parents or the physician providing care to the gestational carrier during the pregnancy reasonably believes to be harmful to the pregnancy and the future health of any resulting child, including, without limitation, smoking, drinking alcohol, using nonprescribed drugs, using prescription drugs not authorized by a physician aware of the pregnancy, exposure to radiation or any other activity proscribed by a health carecar(c) provider.The agreement of the intended parent or parents to pay the gestational carrier reasonable compensation.
(c)(d) The agreement of the intended parent or parents to pay for or reimburse the gestational carrier for reasonable compensation.expenses, including, without limitation, medical, legal or other professional expenses, related to the gestational carrier arrangement and the gestational agreement.
(d) The agreement of the intended parent or parents to pay for or reimburse the gestational carrier for reasonable expenses, including, - *AB371_R1* – 36 – without limitation, medical, legal or other professional expenses, related to the gestational carrier arrangement and the gestational agreement.
A gestational carrier has the right to make all health and welfare decisions regarding the gestational carrier and the pregnancy of the gestational carrier, including, without limitation, whether to consent to a cesarean section or the transfer of multiple embryos, whether to use the services of a health care practitioner chosen by the gestational carrier, whether to terminate or continue the pregnancy and whether to reduce or retain the number of fetuses or embryos carried by the gestational - 82nd Session (2023) – 38 – carrier.
Unless a gestational agreement expressly providespro(a) otherwise:The marriage or domestic partnership of a gestational carrier after [she executes a] the gestational agreement is signed by all parties does not affect the validity of the [gestational] agreement [and:
(a) The marriage or domestic partnership of a gestational carrier after [she executes a] the gestational agreement is signed by all parties does not affect the validity of the [gestational] agreement [and:
(a) The marriage or domestic partnership of an intended parent after the agreement is signed by all parties does not affect the validity of a gestational agreement, the consent of the spouse or domestic partner of the intended parent is not required, and the spouse or domestic partner of the intended parent is not, based on the agreement, a parent of a child conceived by assisted reproduction under the agreement;
andandnceived by assisted (b) The divorce, dissolution, annulment, declaration of invalidity, legal separation or separate maintenance of an intended parent after the agreement is signed by all parties does not affect the validity of the agreement and the intended parents - *AB371_R1* – 37 – are the parents of a child conceived by assisted reproduction under the agreement.
- 82nd Session (2023) – 39 – 2.
(a) If the agreement substantially complies with NRS 126.710 to 126.810, inclusive, and sections 92 and 93 of this act, based on the evidence of the [original] intent of the parties [.] at the time of execution of the agreement and other relevant evidence.
or (c) A [father] parent as to whom the child is a legitimate child under chapter 126 of NRS, under prior law of this State or under the law of another jurisdiction, and the [father] parent has not consented to the adoption of the child or relinquished the child for adoption, a proceeding must be brought pursuant to this chapter and a determination made of whether a parent and child relationship exists and, if so, if it should be terminated.
- *AB371_R1* – 38 – 2.
or (d)- A82nd [father]Session parent(2023) who– can40 be– identified in any other way, or if a child otherwise becomes the subject of an adoptionadoptionway, proceeding, the agency or person to whom the child has been or is to be relinquished, or the [mother] person who gave birth to the child or the person having custody of the child, shall file a petition in the district court to terminate the parental rights of the [father,] other parent, unless the [father’s] other parent’s relationship to the child has been previously terminated or determined not to exist by a court.
(b) Whether the [mother] person who gave birth to the child wasconception cohabitingor withbirth [aof man]the anotherchild.er person at the time of conception(c) orWhether the [mother] person who gave birth to the child has received support payments or promises of support with respect to the child.child or in connection with [her] the pregnancy [.] of the person.
(c) Whether the [mother] person who gave birth to the child has received support payments or promises of support with respect to the child or in connection with [her] the pregnancy [.] of the person.
If the [natural father] other parent or a [man] person representing [himself] themselves to be the [natural father,]to otherdetermine parent, claims custodial rights.custodial rights, the court shall proceed to5. determine custodial rights.
- *AB371_R1* – 39 – 5.
Subject to the disposition of any appeal, upon the expiration of 6 months after an order terminating parental rights is issued under this subsection, or this - 82nd Session (2023) – 41 – chapter, the order cannot be questioned by any person in any manner or upon any ground, including fraud, misrepresentation, failure to give any required notice or lack of jurisdiction of the parties or of the subject matter.
6.identified as [the natural father] a parent or a possible [natural father] parent in the manner provided by law and the Nevada Rules of Civil Procedure for the service of process in a civil action, or in any manner the court directs.
Notice of the proceeding must be given to every person identified as [the natural father] a parent or a possible [natural father] parent in the manner provided by law and the Nevada Rules of Civil Procedure for the service of process in a civil action, or in any manner the court directs.
Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the [mother] person who gave birth to the child and the child, furnished to the adverse party at least 20 days before trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.
- *AB371_R1* – 40 – 6.
- 82nd Session (2023) – 42 – 7.
8.between a married couple or between domestic partners does not apply in a proceeding under this chapter.
A privilege against the disclosure of communications between a married couple or between domestic partners does not apply in a proceeding under this chapter.
(a) A presumed [father] parent of the child under [subsection 1 of NRS 126.051;] section 37 of this act;
child under [subsection 1 (b) Petitioning to have [his paternity] their parentage adjudicated;
- *AB371_R1* – 41 – (f) An [acknowledged father or] acknowledged parent as provided by [NRS 126.053;] sections 38 to 51, inclusive, of this act;
or - 82nd Session (2023) – 43 – (h) A natural person who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant totot NRS 130.305.
(e) May, subject to confirmation by the district court, enter default orders against a responsible parent who does not respond to a notice or service within the required time;
andandoes not respond to (f) Has any other power or duty contained in the order of reference issued by the court.
The findings of fact, conclusions of law and recommendations of the master must be furnished to each party or the party’s attorney at the conclusion of the proceeding or as soon - *AB371_R1* – 42 – thereafter as possible.
Within 10 days after receipt of the findings of fact, conclusions of law and recommendations, either party may file - 82nd Session (2023) – 44 – with the court and serve upon the other party written objections to the report.
If an objection is filed within the 10-day period, the court shallshaSec. review the matter upon notice and motion.
Sec.
Except as otherwise provided in this subsection, a parent who has joint legal and physical custody of a child pursuant to NRS 125C.0015 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to frustrate the efforts of the other parent to establish or maintain a meaningful relationshipshall withbe punished as provided in subsection 1 unless the child.personion demonstrates to the satisfaction of the court that he or she violated this subsection to protect the child or himself or herself from an act that constitutes domestic violence pursuant to NRS 33.018.
A person who violates this subsection shall be punished as provided in subsection 1 unless the person demonstrates to the satisfaction of the court that he or she violated this subsection to protect the child or himself or herself from an act that constitutes domestic violence pursuant to NRS 33.018.
A parent who has joint physical custody of a child pursuant to an order, judgment or decree of a court shall not relocate with the - *AB371_R1*82nd –Session 43(2023) – child45 pursuant– to NRS 125C.0065 without the written consent of the non-relocating parent or before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child, as applicable.
and (b) There is cause to believe that the entry of a court order in a civil proceeding brought pursuant to chapter 125, 125A or 125C of NRS will not be effective to enforce the rights of the parties and would not be in the best interests of the child.child.of the parties and 7.
7.
In addition to the exemption set forth in subsection 11, subsections 4 and 5 do not apply to a person who demonstrates a compelling excuse, to the satisfaction of the court, for relocating with a child in violation of NRS 125C.006 or 125C.0065.
This section does not apply to a person who detains, conceals, removes or relocates with a child to protect the child from the imminent danger of abuse or neglect or to protect himself or herself from imminent physical harm, and reported the detention, concealment, removal or relocation to a law enforcement agency or an agency which provides child welfare services within 24 hours - 82nd Session (2023) – 46 – after detaining, concealing, removing or relocating with the child, or as soon as the circumstances allowed.
- *AB371_R1* – 44 – (a) “Abuse or neglect” has the meaning ascribed to it in paragraph (a) of subsection 4 of NRS 200.508.
(b) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.432B.030.fare services” has the Sec.
Sec.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, [126.141,] 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, - 82nd Session (2023) – 47 – 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, - *AB371_R1* – 45 – 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888,408.3888,96.525, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380,- 676A.340,82nd 676A.370,Session 677.243,(2023) 678A.470,– 678C.710,48 – 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, - *AB371_R1* – 46 – 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
4.public record in an electronic format by means of an electronicy of a medium.
If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium.
(1)- Give82nd accessSession to(2023) proprietary– software;49 – (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has - *AB371_R1* – 47 – already prepared or would prefer to provide the copy in a different medium.
The Division shall, within the limitations of available funding, establish a program which promotes the self- sufficiency of a [natural father] parent whose [paternity] parentage is presumed pursuant to [NRS 126.051] section 37 of this act or a noncustodial parent of a child for whom benefits are being received by a household.
(a) The child, a parent or the guardian to undergo such medical, psychiatric,considers psychological,to orbe otherin carethe orbest treatmentinterests asof the courtchild.ent considersas tothe becourt in(b) theA bestparent interestsor ofguardian theto child.refrain from:
(b) A parent or guardian to refrain from:
(c)- A82nd reasonableSession right(2023) of– visitation50 for– a grandparent of the child if the child is not permitted to remain in the custody of the parentsparentsd of the child.
(d) Tests for the typing of blood or taking of specimens for genetic identification [of the child, the natural mother of the child or the alleged father of the child] pursuant to [NRS 126.121.] sections 52 to 68, inclusive, of this act.
Payments for the obligation of support must be - *AB371_R1* – 48 – determined in accordance with the guidelines established by the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.620, but must not exceed the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education.
An orderord(a) forRequire supportthat madepayments pursuantbe made to thisthe subsectionappropriate must:agency or office;
(a) Require that payments be made to the appropriate agency or office;
(b) Placed in the records relating to the matter and, except as otherwiseconfidential requiredmanner.o to carry out a specific statute, maintained in a confidentialSec. manner.
Sec.
The - 82nd Session (2023) – 51 – physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within 72 hours after the birth.
If the physician does not certify to the fact of birth within the required 72 hours, the person in charge of the hospitalcertification.e or the designated representative shall complete and sign the certification.2.
2.
- *AB371_R1* – 49 – (c) [The person giving birth or other] A parent or, if [the other] each parent is absent [and the person giving birth is] or incapacitated, the person in charge of the premises where the birth occurred.
(a) Married or in a domestic partnership at the time of the birth, the name of the spouse or domestic partner of [that] the person who gave birth must be entered on the certificate as the other parent of the childchi(1) unless:A court has issued an order establishing that a person other than the spouse or domestic partner of the person [giving] who gave birth is the other parent of the child;
(1) A court has issued an order establishing that a person other than the spouse or domestic partner of the person [giving] who gave birth is the other parent of the child;
(b) Widowed at the time of birth but married or in a domestic partnership at the time of conception, the name of the spouse or domestic partner of the person [giving] who gave birth at the time - 82nd Session (2023) – 52 – of conceptionthe mustchild beunless:e entered on the certificate as the other parent (1) A court has issued an order establishing that a person other than the spouse or domestic partner of the childperson unless:[giving] who gave birth at the time of conception is the other parent of the child;
(1) A court has issued an order establishing that a person other than the spouse or domestic partner of the person [giving] who gave birth at the time of conception is the other parent of the child;
- *AB371_R1* – 50 – 6.
If the person [giving] who gave birth was unmarried and not in a domestic partnership at the time of the birth, the name of the otherif:er parent may be entered on the original certificate of birth only if:(a) The provisions of paragraph (b) of subsection 5 are applicable;
(a) The provisions of paragraph (b) of subsection 5 are applicable;
An order entered or a declaration executed pursuant to subsection 6 must be submitted to the local health officer, the local health officer’s authorized representative, or the attending physician or midwife before a proper certificate of birth is forwarded to the State Registrar.
§ - 82nd Session (2023) – 53 – 654a.
As used in this section, “court” has the meaning ascribed to it inSec. NRS 125B.004.
Sec.
Before providing a declaration for the acknowledgment of parentage or denial of parentage to [the person who gave birth to a child or] a person who wishes to acknowledge or deny the parentage of a child, the agencies described in paragraph (b) of subsection 1 - *AB371_R1* – 51 – shall ensure that [the person who gave birth and] the person who wishes to acknowledge or deny parentage [are] is given notice, orally and in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the declaration for the acknowledgment of parentage [.] or declaration for the denial of parentage.
If a person who has given birth or a person who has signed [a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 or] a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285 with the person who has given birth rescinds the acknowledgment pursuant to [subsection 2 of NRS 126.053,] section 45 of this act, the State Registrar shall not issue a new certificate of birth to remove the name of the person who originally acknowledged [paternity or] parentage [, as applicable,] unless a court issues an order establishing that the person who acknowledged [paternity or] parentage [, as applicable,] is not the [father or] parent [, as applicable,] of the child.
Whenever the State Registrar receives an order issued by a district court in this State pursuant to subsection 4 of NRS 126.720 validating a gestational agreement and declaring the intended- parent82nd orSession parents(2023) to– be54 the– parent or parents of the resulting child, the State Registrar shall prepare and file a certificate of birth in the name of the child which shows the intended parent or parents as the parent or parents of the child and seal and file the order and the original certificate of birth, if any.
In the case of the [paternity or] parentage of a chi(a) [Person who gave birth and other parent acknowledging paternity of a child beingby establishedsigning a declaration for the voluntary acknowledgment of paternity developed by the:the Board pursuant to NRS 440.283;
- *AB371_R1* – 52 – (a) [Person who gave birth and other parent acknowledging paternity of a child by signing a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283;
3.upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.
Except as otherwise provided in subsection 4, the evidence upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.
The State Registrar shall, upon the request of the Division of Welfare and Supportive Services of the Department of Health and Human Services, open a file that has been sealed pursuant to subsection 3 to allow the Division to compare the information contained in the declaration or order upon which the new certificate was- made82nd Session (2023) – 55 – 654a.ade with the information maintained pursuant to 42 U.S.C.
§ 654a.Sec.
Sec.
and (e) The opportunity to speak by telephone with personnel of the program for enforcement of child support who are trained to clarify information[paternity.] andparentage.questions answer questions about the establishment of [paternity.]2. parentage.
2.The Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services shall adopt the regulations necessary to ensure that the services provided by a hospital or freestanding birthing center pursuant to this section are in compliance with the regulations adopted by the Secretary of Health and Human Services pursuant to U.S.C.
The Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human - *AB371_R1* – 53 – Services shall adopt the regulations necessary to ensure that the services provided by a hospital or freestanding birthing center pursuant to this section are in compliance with the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C.
2.to NRS 56.020;termine the parentage or identity of a person pursuant 3.] To determine the [paternity] parentage of a person pursuant to NRS [126.121 or] 425.384 [;
[To determine the parentage or identity of a person pursuant to NRS 56.020;
3.] To determine the [paternity] parentage of a person pursuant to NRS [126.121 or] 425.384 [;
- 82nd Session (2023) – 56 – [5.] 4.
Pursuant to an order of a court of competent jurisdiction.jurSec.
Sec.
- *AB371_R1* – 54 – [6.] 5.
To determine the presence of certain preventable or inheritableprovision disordersof infederal anlaw;an infant pursuant to NRS 442.008 or a provision[8.] of7. federal law;
[8.] 7.
- 82nd Session (2023) – 57 – The persons described in this subsection may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations without obtaining certification as an assistant in a medical laboratorylab2. pursuant to NRS 652.127.
2.
- *AB371_R1* – 55 – 2.
If an insured acts as a gestational carrier, the child shall be deemed to be a child of the intended parent, as defined in [NRS 126.590,] section 16 of this act, for purposes related to the policy of group health insurance.
- 82nd Session (2023) – 58 – 3.
695A.1857contract 1.that includes coverage for maternity care shall not deny, limit or seek reimbursement for maternity care because the insured is acting as a gestational carrier.
A society that offers or issues a benefit contract that includes coverage for maternity care shall not deny, limit or seek reimbursement for maternity care because the insured is acting as a gestational carrier.
- *AB371_R1* – 56 – Sec.
NRS 695C.1712 is hereby amended to read as follows:fol695C.1712 1.
695C.1712 1.
A managed care organization that offers or issues a health care plan that includes coverage for maternity care - 82nd Session (2023) – 59 – shall not deny, limit or seek reimbursement for maternity care because the insured is acting as a gestational carrier.
The amendatory provisions of this act apply to a pending proceeding to adjudicate parentage commenced before October 1, 2023, for an issue on which a judgment has not been entered.entSec.
Sec.
-Sec. *AB371_R1* – 57 – 126.071, 126.081, 126.091, 126.101, 126.105, 126.111, 126.121, 126.131, 126.141, 126.143, 126.171, 126.223, 126.231, 126.510, 126.540, 126.550, 126.560, 126.590, 126.600, 126.610, 126.620, 126.630 and 440.283 are hereby repealed.
LEADLINES136. OF REPEALED SECTIONS 56.020 Determination of parentage or identity.
126.021NRS Definitions.56.020, 126.021, 126.041, 126.051, 126.053, 126.071, 126.081, 126.091, 126.101, 126.105, 126.111, 126.121, 126.131, 126.141, 126.143, 126.171, 126.223, 126.231, 126.510, 126.540, 126.550, 126.560, 126.590, 126.600, 126.610, 126.620, 126.630 and 440.283 are hereby repealed.
126.041~~~~~ Establishment23 of- relationship.82nd Session (2023)
126.051 Presumptions of paternity.
126.053 Voluntary acknowledgment of paternity or parentage.
126.071 Who may bring action;
when action may be brought.
126.081 Period of limitations.
126.091 Jurisdiction;
joinder;
venue.
126.101 Parties.
126.105 Service of process.
126.111 Pretrial hearing;
testimony.
126.121 Tests for typing of blood or genetic identification;
admissibility in court;
effect of refusal to submit to test.
certain medical services.ating to paternity;
evidence of costs of 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.
126.630 “Sign” defined.d.
- *AB371_R1* – 58 – 440.283 Voluntary acknowledgment of paternity:
Board to to provide services and notice concerning effect of declaration.es H - *AB371_R1*
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View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Vetoed by the Governor.
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Enrolled and delivered to Governor.
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Senate Amendment No. 607 concurred in. To enrollment.
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From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 13, Nays: 7, Excused: 1.) To Assembly. In Assembly.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 607.) To printer.
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In Senate. Read first time. Referred to Committee on Judiciary. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 28, Nays: 14.) To Senate.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 262.) To printer.
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From printer. To committee.
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Read first time. Referred to Committee on Judiciary. To printer.
Sponsors
- Shea M. Backus · Primary
- James Ohrenschall · Primary
- Shannon Bilbray-Axelrod · Cosponsor
- Lesley Cohen · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 1 co-sponsors · 63 not signed on
Sponsors (3)
- Backus, Shea M. Democratic
- Ohrenschall, James Democratic
- Cohen, Lesley
Co-sponsors (1)
Not signed on (63)
63 members have not signed on to this bill.
Show all 63 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 371?
- AB 371 is sponsored by Backus, Shea M. (Democratic), Ohrenschall, James (Democratic), Shannon Bilbray-Axelrod, and Cohen, Lesley.
- What is the current status of AB 371?
- This bill died with 2023 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 371?
- Track AB 371 free on One Click Politics — get push/email alerts when it moves.
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