Nevada Parentage and Paternity

Part of my Nevada Family Law Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 11, chapters 121 through 130 (current through the 2025 legislative session and 2026 special session revisions)

In This TopicNevada Family LawTopic 12 of 15: Parentage

Parentage is the legal relationship between a child and his or her parents. Nevada law calls it the “parent and child relationship” and defines it as the legal relationship between a child and his or her natural or adoptive parents that carries rights, privileges, duties and obligations (NRS 126.021(3)). A court may determine that a child has this legal relationship with more than two persons (NRS 126.021(3)).

Chapter 126 of the Nevada Revised Statutes (NRS) governs paternity and maternity actions, presumptions of paternity, genetic testing, and gestational agreements. It applies to all persons, no matter when born (NRS 126.011). The parent and child relationship extends equally to every child and every parent, regardless of the parents’ marital status (NRS 125C.0015(1)).

How the Parent and Child Relationship Is Established

A woman’s relationship with a child may be established by (NRS 126.041(1)):

• Proof that she gave birth to the child, except as the gestational agreement statutes provide;
• An adjudication of her maternity under chapter 126 or certain other statutes;
• Proof that she adopted the child;
• An unrebutted presumption of her maternity;
• Her consent to assisted reproduction that resulted in the child’s birth; or
• An adjudication confirming her as a parent of a child born to a gestational carrier under an enforceable gestational agreement.

A man’s relationship with a child may be established under chapter 126 and certain other statutes, by proof of adoption, by his consent to assisted reproduction that resulted in the child’s birth, or by an adjudication confirming him as a parent of a child born to a gestational carrier under a validated gestational agreement (NRS 126.041(2)). For adoption, see the Nevada Adoption overview.

Presumptions of Paternity

A “presumption” is a conclusion the law draws from certain facts unless it is disproved. Nevada presumes a man is the natural father of a child in these situations:

Situation	NRS
He and the child’s natural mother are or were married, and the child is born during the marriage or within 285 days after the marriage ends by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered	126.051(1)(a)
He and the mother lived together for at least 6 months before the period of conception and continued living together through the period of conception	126.051(1)(b)
Before the birth, he and the mother attempted to marry in apparent compliance with law, but the marriage is or could be declared invalid, and the child is born within the time limits in the statute (generally during the attempted marriage or within 285 days after it or the cohabitation ends)	126.051(1)(c)
While the child is a minor, he receives the child into his home and openly holds out the child as his natural child	126.051(1)(d)
Blood or genetic tests under NRS 126.121 show a probability of 99 percent or more that he is the father (a conclusive presumption, which he may rebut only by showing he has an identical sibling who may be the father)	126.051(2)

A presumption in the first four rows may be rebutted in an appropriate action only by clear and convincing evidence (NRS 126.051(3)). If two or more presumptions conflict, the one founded on the weightier considerations of policy and logic controls. A court decree establishing that another man is the father rebuts the presumption (NRS 126.051(3)).

Voluntary Acknowledgment of Paternity or Parentage

Parents can sign a declaration for the voluntary acknowledgment of paternity or of parentage, developed by the State Board of Health. Once the rescission period has passed, a declaration signed by the child’s parents in Nevada or any other state has the same effect as a court judgment establishing the parent and child relationship, without needing court ratification (NRS 126.053(1)).

A person who signs an acknowledgment in Nevada may rescind it within 60 days after both persons sign it, or before an administrative or judicial proceeding about the child begins if that person is a party, whichever is earlier (NRS 126.053(2)). After that, the acknowledgment may be challenged only for fraud, duress or material mistake of fact, and the person challenging it has the burden of proof (NRS 126.053(3)). Except on a showing of good cause, support obligations are not suspended during a hearing to challenge the acknowledgment (NRS 126.053(4)).

Bringing a Paternity Action

The child, the child’s natural mother, a man presumed or alleged to be the father, or an interested third party may bring an action to declare that a father and child relationship exists or does not exist (NRS 126.071(1)). If the action is filed before the child is born, the case is put on hold until after the birth, except for service of process and depositions to preserve testimony (NRS 126.071(2)). On request of any of these persons, the district attorney must take action as necessary to establish the child’s parentage (NRS 126.071(3)).

Issue	Rule	NRS
Deadline to file	Not barred until 3 years after the child reaches the age of majority	126.081(1)
Which court	Any district court; may be joined with a divorce, annulment, separate maintenance or support action, or a chapter 432B proceeding	126.091(1)
Where to file	The county where the child, the mother or the alleged father lives or is found, or, if the father has died, where his estate is or could be probated	126.091(3)
Required parties	The natural mother and any man presumed to be the father under NRS 126.051 (with limits when more than one man is presumed)	126.101(2)
Service of process	Under the Nevada Rules of Civil Procedure or by certified mail, restricted delivery, return receipt requested	126.105
Trial	By the court without a jury	126.151(3)

A person who has sexual intercourse in Nevada submits to the jurisdiction of Nevada courts in a paternity action about a child who may have been conceived by that act (NRS 126.091(2)). The court may make the child a party and may appoint a guardian ad litem for a minor child; the child’s mother or father may not represent the child (NRS 126.101(1)). If an alleged father fails to plead or defend, the clerk must enter his default on proof of service and any other showing the Nevada Rules of Civil Procedure require (NRS 126.223).

Informal Hearing and Settlement Recommendations

The court must try to resolve paternity cases through an informal hearing, held as soon as practicable after the action is filed, and the public is barred from it (NRS 126.111(1)-(2)). Based on that hearing, the judge, judicial officer or referee must make a settlement recommendation, which may include dismissal, a compromise agreement, or a voluntary acknowledgment of paternity (NRS 126.141(1)). If a party refuses a recommendation and genetic tests have not been done, the court must require the tests if practicable; if a party refuses the final recommendation, the case is set for trial (NRS 126.141(3)).

After a case is set for trial, on a party’s motion the court must order temporary child support until trial if there is clear and convincing evidence that the party against whom the order is issued is the father (NRS 126.143).

Any party may have a lawyer, and if a party cannot afford one, the court may appoint counsel on the questions of parentage and support (NRS 126.201(1)). Hearings and trials are held in closed court, and case papers other than the final judgment may be inspected only with consent of the court and all interested persons, or by court order for good cause in exceptional cases (NRS 126.211). The court may order the parties to pay reasonable fees of counsel, experts and the child’s guardian ad litem, and other costs, including genetic tests, in the proportions it decides (NRS 126.171).

Genetic Testing

The court may, and on a party’s motion must, order the mother, child, alleged father or any other person involved to submit to blood typing or genetic identification tests (NRS 126.121(1)). The results must be received in evidence (NRS 126.121(1)). Unless a party files a written objection at least 30 days before the hearing where the result will be offered, the result is admissible without further proof of its authenticity or accuracy (NRS 126.121(1)).

If a party refuses or fails to appear for an ordered test, the court may presume the result would have been adverse to that party, or may enforce its order (NRS 126.121(2)). On reasonable request by a party, the court must order independent tests by other experts or qualified laboratories (NRS 126.121(3)).

Other evidence of paternity may include evidence of sexual intercourse at any possible time of conception, an expert’s opinion on the statistical probability of paternity, medical or anthropological evidence based on tests performed by experts, and all other relevant evidence (NRS 126.131(1)). Bills or receipts for pregnancy medical care, the birth, and genetic tests are prima facie evidence of the amounts incurred (NRS 126.131(2)).

The Judgment and What Follows

A court judgment or order, or one entered through an expedited process such as a voluntary acknowledgment, that determines whether a parent and child relationship exists is determinative for all purposes (NRS 126.161(1), (7)). If it differs from the child’s birth certificate, it must direct that a new birth certificate be issued (NRS 126.161(2)).

• Support. If the child is a minor, a Nevada judgment must provide for the child’s support under chapter 125B and include an order for withholding or assignment of income, unless the court finds good cause to postpone it or all parties agree otherwise in writing (NRS 126.161(3)). See Nevada Child Support.
• Custody and visitation. The judgment may include provisions on custody, guardianship, visitation, security for payment, or any other matter in the child’s best interest (NRS 126.161(4)(a)). See Nevada Child Custody and Visitation and Relocation.
• Pregnancy expenses. The judgment may direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement (NRS 126.161(4)(b)).
• Party information. Within 10 days after a Nevada court issues an order establishing paternity, each party must file with the court and the Division of Social Services his or her social security number, addresses, telephone number, driver’s license number and employer information, and must update it within 10 days after it becomes inaccurate (NRS 126.163(2)).
• Changes. Except as NRS 125B.140 and chapter 130 provide, the court keeps continuing jurisdiction to modify the judgment as to custody, visitation or support (NRS 126.191).
• Enforcement. Willful failure to obey the judgment is civil contempt of court, and all remedies for enforcing judgments apply (NRS 126.181(3)).

Any interested party may bring an action to determine whether a mother and child relationship exists, and the paternity provisions apply to that action as far as practicable (NRS 126.231).

Assisted Reproduction

“Assisted reproduction” means a method of causing pregnancy other than sexual intercourse, such as intrauterine insemination, egg or embryo donation, and in vitro fertilization (NRS 126.510). These rules do not apply to a child conceived by other means (NRS 126.650).

• A donor is not a parent of a child conceived by assisted reproduction (NRS 126.660).
• A person who provides gametes for, or consents to, assisted reproduction by a woman with the intent to be a parent of her child is a parent of the resulting child (NRS 126.670). That consent must be in a declaration for the voluntary acknowledgment of parentage (NRS 126.680(1)).
• Failing to sign that declaration does not prevent a finding of parentage if the woman and the person lived together with the child during the child’s first 2 years and openly held the child out as their own (NRS 126.680(2)).
• A spouse or domestic partner of a woman who gives birth by assisted reproduction generally may not challenge parentage unless a proceeding is started within 2 years after learning of the birth and the court finds the spouse or partner did not consent (NRS 126.690(1)). Different rules apply in the situations described in NRS 126.690(2).
• If a marriage or domestic partnership ends before the transfer of eggs, sperm or embryos, the former spouse or partner is not a parent unless he or she consented in a record to be a parent in that event (NRS 126.700(1)). Consent may be withdrawn in a record before placement (NRS 126.700(2)).

Gestational Agreements

A “gestational agreement” is a contract between one or more intended parents and a gestational carrier intended to result in a live birth (NRS 126.570). A gestational carrier is an adult woman, not an intended parent, who agrees to bear a child conceived using the gametes of other persons and not her own (NRS 126.580).

A gestational agreement is enforceable only if it meets the requirements of NRS 126.750 (NRS 126.710(3)). Among other things (NRS 126.750; NRS 126.740):

• The carrier and the intended parents must be represented by separate, independent counsel (NRS 126.750(2)).
• The agreement must be in writing, notarized and signed by all parties with attached declarations of each party’s independent attorney (NRS 126.750(3)).
• It must be signed before any medical procedures begin, other than the carrier’s eligibility medical evaluation (NRS 126.750(3)(b)).
• When the agreement is signed, the carrier must have completed a medical evaluation, consulted independent legal counsel, and not contributed any gametes to the embryo she will carry (NRS 126.740(1)).
• The intended parents must agree to accept custody of, and assume sole responsibility for supporting, any resulting child not biologically related to the carrier or her spouse or partner, regardless of the number, gender or condition of the children (NRS 126.750(4)(d)).

If the requirements are met, the intended parents are the child’s parents immediately upon birth, with sole legal and physical custody, and the carrier and her spouse or partner are not parents (NRS 126.720(1)). Before or after the birth, the intended parents or the carrier may start a proceeding in any Nevada district court for an order designating the content of the birth certificate (NRS 126.720(4)). If the agreement is attached to the petition, the requirements of NRS 126.740 and 126.750 are met, and one of the Nevada connections listed in the statute exists, the court may issue an order validating the agreement and declaring the intended parents to be the child’s parents (NRS 126.720(4)).

A person who is a parent under these statutes must support the child, even if the intended parents breach the agreement (NRS 126.760). No specific performance remedy is available for a breach by the carrier that would require her to be impregnated (NRS 126.780(3)). Hearings are confidential and held in closed court, and the records are generally closed to inspection (NRS 126.730).

Written Promises of Support

A written promise to support a child, arising from a supposed or alleged parent and child relationship, does not require consideration and is enforceable according to its terms (NRS 126.900(1)). In the best interest of the child or the custodial parent the court may, and at the promisor’s request must, order the promise kept confidential (NRS 126.900(2)).

How I Can Help

I help mothers, fathers and intended parents understand how Nevada’s parentage statutes apply to their family. I can explain the options for establishing or challenging parentage, walk you through the court process and genetic testing, and help address the custody and support issues that often follow. Request a consultation to discuss your situation.

This page provides general information about Nevada family law, based on the Nevada Revised Statutes as currently revised, and is not legal advice. Court rules, regulations (including the child support guidelines), and case law also affect family law matters. Every family is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.