Legislative Milestone in South Carolina’s Surrogacy Landscape:
The landscape of surrogacy is shaped by the absence of explicit surrogacy laws, yet it remains a surrogacy-friendly state.
Surrogacy Contracts
Establish rights and obligations of every party.
Establish potential risks and complications.
Establish Surrogate’s compensation and other financial information.
Parental Rights
A significant aspect of surrogacy in South Carolina is the acquisition of pre-birth orders, which are legal documents that establish the Intended Parents as the legal parents before the child's birth. To secure a pre-birth order, certain criteria must be met, including informed consent from all parties and genetic relation to the child by at least one Intended Parent.
Legal Rights of Surrogates:
All the rights and obligations of a Surrogate are regulated by the legal agreement.
Who Can Benefit from Surrogacy in SC?
Same-sex couples
Heterosexual couples
Surrogacy Environment in South Carolina:
Despite the lack of specific surrogacy legislation, South Carolina's approach to surrogacy is facilitated by the courts' general favorability towards surrogacy agreements and the protective measures established through legal contracts. This framework emphasizes the importance of experienced legal guidance to ensure that surrogacy in South Carolina is conducted safely and effectively.
Advantages of Surrogacy in SC
South Carolina offers a supportive environment for surrogacy, characterized by the enforceability of surrogacy contracts and the provision of pre-birth orders. The absence of specific surrogacy laws highlights the crucial role of surrogacy professionals, particularly attorneys, in guiding Intended Parents and Surrogates through the process.
