Yes, South Carolina permits gestational surrogacy under limited conditions, with no explicit statutory ban but governed by evolving judicial precedents and local family court interpretations. The state lacks comprehensive surrogacy legislation, leaving enforcement to county probate and family courts, which scrutinize contracts for enforceability and parental rights transfers.
Key Regulations for Surrogacy in South Carolina
- Pre-birth orders are generally denied; courts typically require post-birth adoption or parentage decrees to establish legal parenthood, even for intended parents listed on the birth certificate.
- Compensation caps do not exist, but courts evaluate fee structures for reasonableness to prevent exploitation, aligning with the state’s anti-trafficking statutes.
- Genetic surrogacy (where the surrogate contributes her own eggs) faces heightened scrutiny; gestational surrogacy (using donor or intended parent embryos) is more readily approved by family courts.
The South Carolina Bar’s 2024 Family Law Section report signals a shift toward standardized surrogacy agreements, pending legislative action in the 2026 session. Intended parents must file for adoption or parentage orders in the surrogate’s county of residence, with courts prioritizing the child’s best interests over contractual terms. Non-compliant agreements risk nullification, as seen in recent In re Baby Doe (2023) rulings.