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Surrogacy Law in South Carolina
Author: Richard C. Bell
There is no specific law about Surrogacy or Assisted Reproduction in South Carolina. Those issues have never been litigated so there is no case law either. A Surrogacy or other Assisted Reproduction issue would more than likely be covered under contract law, pre-birth and post-birth issues would fall within the jurisdiction of the Family Court. It is important to note that there is no prohibition against Surrogacy or Assisted Reproduction in any fashion in South Carolina.When involved in Surrogacy in South Carolina (Surrogacy whenever used hereinafter also encompasses any Assisted Reproduction), care should be taken not to run afoul of the adoption statute which prohibits compensation to anyone for the giving of a consent or relinquishment for the purposes of adoption. S.C. Code Section 20-7-1690 (F) states as follows:
Under no circumstances may a child placing agency or any person receive a fee, compensation, or any other thing of value as consideration for giving a consent or relinquishment of a child for the purposes of adoption and no child placing agency or person may receive a child for a payment of such fee, compensation, or any other thing of value.
Although this issue has never been raised in a Surrogacy context it clearly could apply to that situation if whatever compensation to the birth mother was contingent upon her signing consents for the adoption of the infant. An arrangement for Surrogacy should clearly provide that compensation, if there is any, is only conditioned upon the birth mother engaging in certain procedures and once pregnant, carrying the child. Consents or relinquishments for adoption by a birth parent can only be signed after birth in South Carolina.
If there should be a breakdown in the Surrogacy Arrangement the laws of South Carolina are focused on the best interests of the infant. If a dispute over custody of the infant arose, the Court should first consider the best interests of the child when resolving that dispute.
The Surrogacy Arrangement in South Carolina is considered a relative adoption and controlled by S.C. Code Section 20-7-1820 of the South Carolina Code of Laws. In most all surrogacy situations, the sperm donor is considered the father of the child. If the birth mother is married, attention should be given to placing the donor into the position of father since in South Carolina the birth mother's husband is considered the legal father. The procedures for the adoption of the infant and obtaining a new birth certificate would conform to those that apply to a step-parent adoption.
In summary, it can be stated that Surrogacy in South Carolina is only regulated by adoption statutes and finalization of a Surrogacy is treated as a step-parent adoption.
November 1996
Copyright
1996. The American Surrogacy Center, Inc.(TASC), Marietta, GA
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