Gestational Surrogacy Regulations in South Carolina

Overview

Gestational Surrogacy is generally permitted in South Carolina. There are no statutes or
published case law that specifically permits or prohibits surrogacy. Mid-South Ins. Co. v.
Doe, 274 F. Supp.2d 757 (2003), implies that Gestational Surrogacy Agreements are valid in
South Carolina.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes*
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes*
Resident status:
No
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
Yes
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the GC is a resident of South Carolina, there is basis for venue in South Carolina. There is also basis for venue if the child is born in South Carolina * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in South Carolina:
Yes
Birth outside of South Carolina:
Yes

Pre-Birth Orders can be obtained by most Intended Parents, whether married or unmarried,
and even if neither Intended Parent is genetically related to the child. Results may by county
and judge regarding Pre-Birth Petitions filed by same-sex couples.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will South Carolina Vital Records honor a Pre-Birth Order from another state:
No
What is the typical time frame to obtain a birth certificate after delivery:
2-4 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes*

Second Parent and Stepparent Adoptions for South Carolina Residents:

*This situation typically arises if the child is born outside of South Carolina. The parents then return to South Carolina to obtain a second parent adoption or stepparent adoption in South Carolina. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in South Carolina?

*Traditional Surrogacy is not prohibited by any statute or published case law. Traditional Surrogacy is treated like an adoption and it may be illegal unless payments are reasonable. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.