South Carolina Surrogacy Laws

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South Carolina Surrogacy Laws

There is no South Carolina statute or case law prohibiting the practice of gestational and traditional surrogacy. In 2003, a U.S. District Court held that a South Carolina gestational carrier agreement was valid (Mid-S. Ins. Co. v. Doe (D.S.C. 2003).).

Although no statute or case law prohibits traditional surrogacy, it is treated like adoption in South Carolina, and compensation to a traditional surrogate is limited to reimbursements for necessary and actual medical expenses, as well as reasonable living expenses (S.C. Code § 63-9-310 (F) (1).).

Both types of surrogacy are permitted in South Carolina and are practiced throughout cities like Charleston, Columbia, and Mount Pleasant.

Laws Concerning Parentage Orders in South Carolina

South Carolina allows for its courts to grant South Carolina pre-birth parentage orders, but results can vary by county and judge.

Under South Carolina statute, when a child is conceived to unwed parents, the mother is treated in law as the sole natural parent of the child (S.C. Code § 63-17-20.). The father may then petition the South Carolina court to be declared the legal father of that child (S.C. Code § 63-17-3310.).

Egg and Sperm Donor Law in South Carolina

There is no South Carolina statute or case law identifying the rights, duties, or obligations of a person who donates eggs, sperm, or embryos for the purposes of assisted reproduction in South Carolina.  

South Carolina case law provides that a husband who consents to his wife conceiving a child through artificial insemination in South Carolina will be presumed to be the legal father of the resulting child (In re Baby Doe (S.C. 1987)).

South Carolina Stepparent and Second-Parent Adoption Law

South Carolina allows for a stepparent to adopt the child of their spouse, and courts will generally waive many of the traditional adoption requirements and procedures in these situations (S.C. Code § 63-9-1110.).

South Carolina also permits the non-biological parent of an unmarried or same-sex couple to adopt their partner’s child through a second-parent adoption (S.C. Code § 63-9-60).

Fertility Clinics in South Carolina

Call Baby Steps Surrogacy Center, Inc.

Hopeful parents in South Carolina may struggle to navigate and understand South Carolina surrogacy laws. We’re here to help. To start, call Baby Steps Surrogacy Center, Inc. at 412-281-9906 or reach us through the contact buttons at the top of this page.