Surrogacy Laws in South Carolina

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Fast Facts

  • Is South Carolina a surrogate friendly state: Yes, with restrictions.
  • Can Parent(s) obtain a birth order without an adoption: Yes, however, if there is no genetic connection, then only married intended parents or unmarried heterosexual intended parents will be able to obtain a birth order.
  • Can birth order be obtained without a genetic connection to Child: Yes, but only for married intended parents or unmarried heterosexual intended parents. Unmarried same-sex or single parents without a genetic connection will not be able to obtain a birth order, and have to peruse recognition of legal parentage by means of adoption.

Summary of South Carolina Surrogacy Law

South Carolina does not have any statute regarding surrogacy, but courts have regularly recognized gestational carrier surrogacy arrangements and provided post-birth orders. Birth order can only be obtained and parentage can only be established post birth of the child/ren.

Parentage cannot be established for unmarried same-sex or single intended parents who do not have a genetic connection to the child/ren, requiring said intended parents to establish parentage by means of adoption. Recognition of a Gestational Carrier Agreement and establishment of birth order will vary by county.

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