An introduction to the laws of Assisted Reproductive Technology (ART) in the State of South Carolina

Generally, is South Carolina friendly to ART?  South Carolina is ART friendly.

Is South Carolina friendly to non-married couples?  South Carolina is friendly to non-married couples.

Is South Carolina friendly to LGBT families? South Carolina is friendly to LGBT families.

Is South Carolina friendly to a single intended parent?   South Carolina is friendly to single intended parents.

Are there statutes in place for surrogacy in South Carolina?    South Carolina does not have any surrogacy statutes.

Does South Carolina have an embryo donation statute? South Carolina does not have an embryo donation statute.

Does South Carolina have an egg donation statute? South Carolina does not have an egg donation statute.

Is gestational surrogacy (third party gamete use) permitted in South Carolina?  Gestational surrogacy (third party gamete use) is permitted in South Carolina.

Is traditional surrogacy (use of the surrogate’s genetic material) permitted in South Carolina? South Carolina allows, but strongly disfavors, traditional surrogacy (use of surrogate’s genetic material), except in certain circumstances..

Is compensated surrogacy allowed by statute in South Carolina?  In practice?  South Carolina allows paid surrogacy.

Is non-compensated (expense reimbursement only) surrogacy allowed by statute in South Carolina?  In practice?  South Carolina allows expense reimbursement only surrogacy by practice.

Does South Carolina only permit a Carrier to be reimbursed for expenses?  South Carolina does not limit payments or reimbursements to a Carrier.

Are surrogacy agreements enforceable, void or prohibited, in South Carolina?  Surrogacy agreements are valid and enforceable by South Carolina case law.

Does South Carolina require both Intended Parents to be genetically related to the child? South Carolina allows Intended Parents to have their legal parentage confirmed, even if both are not genetically related to the child.

Does South Carolina require at least one Intended Parent to be genetically related to the child? South Carolina does not require at least one parent be genetically related to the child for Intended Parents to be parents in a surrogacy.

Does South Carolina require a single intended parent to be genetically related to the child? South Carolina does not require a single intended parent to be genetically related to the child for Intended Parents to be parents in a surrogacy.

Do the Intended Parents have to be married in South Carolina? South Carolina does not require Intended Parents to be married, but if Intended Parents are not married and one is not genetically also related to the child, then the non-genetic partner will have to adopt post birth.

Do two Intended Parents in South Carolina have to be opposite gender? South Carolina does not require tow Intended Parents to be opposite gender to both be parents using a surrogate.

Does South Carolina allow pre-birth parentage orders to be issued for surrogacy?  South Carolina will issue pre-birth parentage orders for surrogacy.

Does South Carolina only allow a post-birth parentage order to be issued? South Carolina does not limit parentage orders to post-birth parentage.

Can you obtain both a pre and post birth order in South Carolina for the same child? In South Carolina, Intended Parents can obtain both a pre and post birth order for the same child.

Can you obtain a parentage order if only the carrier resides in South Carolina?  In South Carolina, Intended Parents can obtain a parentage order if only the carrier resides in South Carolina.

Can you obtain a parentage order if only the intended parents reside in South Carolina? No.

Can you obtain a parentage order if only the birth occurs in South Carolina? Yes, a parentage order can be obtain based only on the birth occurring in South Carolina.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in South Carolina?  No.

What is the basis for venue in South Carolina? Residency, county where embryo transfer or post embryo services were received, county where delivery hospital it located.

Do results vary by venue? Results do not vary but the procedure to obtain a final order can.

Is a hearing required for a parentage order?  In some counties in South Carolina require a hearing, but it varies whether it is in-person or Zoom hearings. .

Does South Carolina have a passport office? Yes, South Carolina has a passport office.

How long does it take to obtain a birth certificate in South Carolina?  A birth certificate can be obtained within 1-2 days if using Vital Records in Columbia (same day service).

Will South Carolina Vital Records honor a parentage order from another state? No, South Carolina will not honor out of state parentage orders.

Does South Carolina’s Vital Records require a parentage order from another state to be registered?  Yes, South Carolina requires domestication of a foreign order.

How does a South Carolina birth certificate list same-sex parents?  Same sex parents can be listed as Parent & Parent, Father & Father, Mother-Mother, in South Carolina.

Can an initial birth certificate be obtained naming the biological parent and the carrier in South Carolina? Yes, a birth certificate listing the biological parent and the carrier can be obtained, if needed.

Can the birth certificate be amended to include only the biological parent or both intended parents in South Carolina? Yes, a birth certificate can be amended to include only the biological parent or both intended parents.

Do South Carolina’s amended birth certificates say “amended” on them? No.  There is no reference to “amended” on the birth certificate.

Can intended parents in a surrogacy obtain an adoption order in South Carolina?  Yes.  Contact an Academy Fellow licensed in South Carolina for more information.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of South Carolina should not rely exclusively on these printed responses.  All these issues should be discussed with a South Carolina ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.