Gestational Surrogacy in South Carolina

Gestational Surrogacy is permitted in South Carolina because no statute or published case law prohibits it. To the contrary, there is published case law that suggests that surrogacy is valid.  Specifically, in Mid-South Ins. Co. v. Doe, the U.S. District Court and looked to a Gestational Carrier Agreement to determine the intent of the parties, implying it was a valid agreement.

Pre-Birth Parentage Orders

Do courts grant pre-birth parentage orders? 

  • Yes, most courts will grant a Consent Temporary Order before birth. A Final Order of Parentage is then granted within 30 days of delivery.

Can both Intended Parents be declared the legal parents in the Consent Temporary Order and Final Order of Parentage if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using an egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm: Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes
  • Married same-sex couple using an egg donor or sperm donor: Yes
  • Unmarried same-sex couple using an egg donor or sperm donor: No, only the biological parent can obtain a pre-birth order, thereby triggering a 2-step court process. The non-biological parent must then obtain a second parent adoption, which can be accomplished right in South Carolina. The birth certificate will then be amended.
  • Single parent using own egg or sperm: Yes

Can both Intended Parents be declared the legal parents in the Consent Temporary Order and Final Order of Parentage if no parent is genetically related to the child?

  • Married heterosexual couple: No
  • Unmarried heterosexual couple: No
  • Same-sex couple: No
  • Single parent: No

What are the bases for venue? 

  •  County of the Gestational Carrier’s residence, county of the IVF clinic, county of the IVF clinic where GC receives post-transfer monitoring services, county of the Gestational Carrier’s OB/GYN, county of the child’s birthplace.

Do results vary by venue?  

  • Sometimes

If yes, are motions to waive venue accepted?

  •  Yes

Is a hearing required to obtain a pre-birth order? 

  • Sometimes

Is a pre-birth order possible in South Carolina based on a Gestational Carrier’s plan to deliver in South Carolina, if no party lives in South Carolina? 

  • Maybe

Will South Carolina Vital Records honor a pre-birth order from another state?  

  • Not so far

What is the typical time frame to obtain a birth certificate after delivery?  

  • 2-4 weeks

Same-Sex Couple

How are same-sex parents named on the final birth certificate?  

  • Mother and Father

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 obtain an initial birth certificate naming the biological father only?  

  • Yes

Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?

  • Yes, but can name the biological father alone or can add the non-bio father (either through marital presumption if married or through second-parent adoption).

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in South Carolina (i.e., neither of the Intended Parents lives in South Carolina)?

  • Yes

Second Parent & Stepparent & Adoptions for South Carolina Residents

Note: This situation typically arises if the child is born outside the state. The parents then return to South Carolina to obtain a second parent adoption or stepparent adoption in South Carolina.

Will courts in South Carolina grant second parent adoptions or stepparent adoptions to heterosexual couples living in South Carolina?  Yes
Does the couple need to be married?

  • No. (If married, also have the option to add second parent through marital presumption without adoption.)

Will courts in South Carolina grant second parent adoptions or stepparent adoptions to same-sex couples living in South Carolina?

  • Yes

Does the couple need to be married?

  • No. (If married, also have the option to add second parent through marital presumption without adoption.)

Egg & Sperm Donation

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?

  • No

Traditional Surrogacy in South Carolina

Although no statute or published case law prohibits Traditional Surrogacy, Traditional Surrogacy is treated like an adoption and, therefore, may be illegal unless payments are reasonable pursuant to the adoption statute S.C. Code Sec. 63-9-310(F)(1).

State Law Information Provided By The Following Attorneys Practicing Reproductive Law In This State:

The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the year 2022. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes.

CFC may grant, in its sole and absolute discretion, a limited license to certain approved individuals and/or entities to use The US Surrogacy Law Map™ for presentations. Any requests for a license shall be provided to CFC by email in advance of any presentations. No license is granted until such time as CFC provides you with written approval of the right to use The US Surrogacy Law Map™, after you have signed CFC’s written release. You may not alter or remove any copyright or other notice from your licensed use of The US Surrogacy Law Map™. You further agree not to use The US Surrogacy Law Map™ for any unlawful purpose.

Notwithstanding the foregoing, you may include a hyperlink to The US Surrogacy Law Map™ without advance request. Except as otherwise provided herein, no other use of The US Surrogacy Law Map™ is permitted. Any use of data mining, data gathering, or extraction tools or processes in connection with The US Surrogacy Law Map™, or any reproduction or presentation of The US Surrogacy Law Map™ or its content, is strictly prohibited.

The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website.

CFC tries to ensure that content on The US Surrogacy Law Map™ is accurate, up-to-date, and obtained from reliable sources, but CFC does not represent or warrant the content to be error-free. CFC does not endorse any of the attorneys listed. Nor does CFC represent that favorable results obtained in prior cases will be obtained in future cases. You accept and agree that your use of The US Surrogacy Law Map™ and any information therein is strictly at your own risk.

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.

View the Map!