Surrogacy in South Carolina

Gestational Surrogacy in South Carolina

Surrogacy is legal in South Carolina. Although there is no statute or published case law specifically discussing gestational surrogacy, it is still permitted and practiced in South Carolina. There is one case (Mid-South Insurance Company v. Doe, 274 F. Supp. 2d 757 (D.S.C. 2003) that implicitly validates surrogacy agreements. In that case, the court addresses insurance coverage for medical expenses for the child pursuant to an underlying surrogacy agreement. The Judges consider the intent of the parties as outlined in their carrier agreement and establish parentage for the intended parents.

Understanding Surrogacy Laws in South Carolina

Legal Parentage

The parentage process in South Carolina is a two-step process. Courts will grant a pre-birth order establishing the joint parental rights and permitting their names to be listed on the child’s birth certificate. This is the practice for intended parents who are either heterosexual or married and have a genetic connection; this is also true for single IPs with a genetic connection. However, these pre-birth orders are considered interim so a final order needs to be signed post-birth. For unmarried, same sex couples, the first order establishes paternity for the genetic parent and then the non-genetic parent will obtain parental rights via a second parent adoption.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the South Carolina Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About South Carolina Surrogacy Law

Do You Need a Medical Need for Surrogacy in South Carolina?

Although there is no specific law on this, it is best practice to only pursue surrogacy in South Carolina if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

South Carolina permits married couples, partners and single individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In South Carolina, at least one parent needs a genetic connection to the embryo.

Can International Intended Parent(s) Pursue Surrogacy in South Carolina?

International parents can pursue surrogacy in South Carolina. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, South Carolina allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in South Carolina. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in South Carolina?

Generally no. Intended parents do not need to be South Carolina residents to carry out a surrogacy journey in South Carolina. Similarly, gestational carriers are not required to reside in South Carolina. Surrogates are required to be a citizen or legal resident of the United States.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

No, there are no written laws relating to the rights of gestational carriers. Learn more about surrogate rights.