You deserve to pursue parenthood with confidence—and understanding the surrogacy laws in South Carolina is the first step. While the Palmetto State doesn’t have specific statutes regulating gestational surrogacy, the legal process is both possible and manageable—especially with expert guidance.
At American Surrogacy, we support hopeful parents by offering both peace of mind and a clear path forward. Whether you're in Charleston, Columbia, Greenville or a nearby community, we’ll connect you with trusted legal professionals and guide you through each phase of the surrogacy legal process.
Contact us online to speak with a South Carolina surrogacy specialist today.
South Carolina Surrogacy Laws
There are no statutes in South Carolina that directly prohibit or legalize gestational surrogacy. However, precedent set in Mid-South Ins. Co. v. Doe shows courts will consider a Gestational Carrier Agreement to determine the intent of the parties, which strongly implies its legal validity.
This case-based approach means surrogacy is not expressly permitted by law, but surrogacy contracts can still be recognized and upheld in court when properly executed. This makes working with experienced professionals essential for a smooth legal journey.
Think Paid Surrogacy Isn’t Allowed in South Carolina? Think Again
Yes. While there is no explicit statute permitting or restricting paid surrogacy, there are no laws prohibiting compensation to a gestational carrier, which makes compensated surrogacy legal in South Carolina.
This flexibility means surrogates in South Carolina can be compensated for:
- Medical and travel expenses
- Lost wages
- Pain and suffering
- Emotional burden
- Base compensation for time and commitment
At American Surrogacy, we work with intended parents and surrogates nationwide. So, even if you're in South Carolina and are unsure of your state’s legal comfort level, we can match you with a surrogate (or IP) in a more favorable jurisdiction if needed.
Are Surrogacy Contracts Enforceable in South Carolina?
Yes. Although there’s no legislation directly affirming this, South Carolina courts have demonstrated a willingness to enforce surrogacy contracts—especially gestational agreements—in the right circumstances.
According to the American Society for Reproductive Medicine, gestational surrogacy contracts are enforceable when they clearly reflect the parties’ intentions and are executed with legal oversight.
At American Surrogacy, we operate in surrogacy-friendly states and partner with surrogacy attorneys who understand South Carolina’s nuanced landscape.
Surrogacy Contract Checklist
A valid surrogacy contract in South Carolina should include:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
These agreements protect both the intended parents and surrogate by making the parties’ expectations and responsibilities clear.
When Do I Need a Surrogacy Contract in South Carolina?
The legal contract comes after matching with a surrogate but before any medical procedures. This stage is critical, and your surrogacy attorney will walk you through every step.
How Will American Surrogacy Support Me During the Contract Stage?
We don’t just hand you a contract—we walk with you through the whole surrogacy legal process.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
LGBTQ+ Surrogacy Laws in South Carolina
While South Carolina birth certificates use “Mother” and “Father,” courts are willing to grant:
- Second-parent adoptions
- Stepparent adoptions
- Marital presumption rights for married same-sex couples
Same-sex couples pursuing surrogacy here can secure their legal rights with the appropriate court action.
Abortion Laws in South Carolina and Surrogacy Contract Termination Agreements
South Carolina has a 6-week abortion ban, making it one of the strictest states in the U.S.
Because of this, all surrogacy contracts must address abortion and pregnancy termination. Whether you’re an intended parent or a surrogate, you must be aware of how these restrictions could impact your journey.
With American Surrogacy, you can always choose a surrogate in a state that better aligns with your reproductive values.
Surrogacy Laws for Establishing Parentage in South Carolina
In South Carolina, you can obtain a pre-birth order if at least one intended parent is genetically related to the child. For non-genetic intended parents, a two-step process may be required:
- Pre-birth parentage order for the genetic parent
- Second-parent adoption for the non-genetic parent
These orders ensure legal parentage and the right to appear on the birth certificate.
How to Get a Pre-Birth Order
In South Carolina, most courts will grant a Consent Temporary Order before birth. A Final Order of Parentage is then granted within 30 days of delivery.
Here’s how the process typically works:
- Venues: County of surrogate, IVF clinic, OB/GYN, or child’s birth
- Hearing Requirement: Sometimes required
- Birth Certificate Issuance: Usually within 2–4 weeks
International Surrogacy Laws
South Carolina does not have laws specific to international surrogacy. If you're pursuing international arrangements here, it's especially important to work with experienced professionals.
The Role of a Surrogacy Attorney in South Carolina
An experienced surrogacy attorney is essential. They draft enforceable contracts, file parentage orders, and ensure your rights are protected.
American Surrogacy does not employ in-house attorneys—ensuring no conflict of interest and 100% unbiased legal support.
Speak with a specialist today for help finding a surrogacy attorney near you.
How Much Does a Surrogacy Attorney Cost?
The cost of a surrogacy attorney in South Carolina can vary depending on factors like the attorney’s experience, your location, and the complexity of your surrogacy arrangement. On average, intended parents can expect to pay several thousand dollars in legal fees throughout the surrogacy legal process.
When you work with American Surrogacy, these legal costs are built into your overall program pricing. You won’t need to worry about unexpected attorney fees because we help you plan for every expense—including the surrogate’s legal representation, which is also covered by the intended parents.
Our team will connect you with a trusted surrogacy attorney near you who understands South Carolina’s legal nuances and is experienced in handling the parentage and contract phases of the journey.
Find a Surrogacy Attorney Near Me
- Thompson Dove Law Group LLC (Spartanburg, Rock Hill, Charleston): Attorney James Fletcher Thompson has been a Fellow of the Academy of Adoption & Assisted Reproduction Attorneys since 1993.
- Brinkley Law Firm LLC (Greenville, Charleston): Founder and Attorney Stephanie Brinkley is part of the ART Committee – Section of Family Law and a Fellow of the Academy of Adoption & Assisted Reproduction Attorneys. She has helped families with the legal challenges surrounding Assisted Reproduction Technology (ART)
Explore Our Surrogacy Programs in South Carolina
We offer three surrogacy program options:
Foundational Program
The Foundational Program is American Surrogacy’s premier full-service option — built for intended parents who want guidance and protection through every stage of their journey. From matching with a fully screened surrogate to managing legal, emotional, and financial aspects, this program ensures nothing is left to chance. It’s the ideal path for those seeking a complete, start-to-finish experience with expert oversight.
Limited Risk Program
With the Limited Risk Program, you can begin your surrogacy journey without paying agency fees until you’ve been matched with a surrogate. This option gives you access to American Surrogacy’s expert screening and matching services with less financial pressure at the outset. It’s a smart, lower-risk way to move forward while preserving your flexibility and peace of mind.
Independent Program
Already found a surrogate on your own? The Independent Program offers the essential services you need to safely and ethically move forward — from screening and legal coordination to insurance planning and case management. You maintain your existing relationship, while we help ensure it’s backed by professional guidance and structure.
FAQ: Legal Aspects of Surrogacy in South Carolina
Is IVF insurance coverage required?
No, South Carolina doesn’t mandate insurance coverage for IVF. The following states have legislation that require IVF insurance coverage: Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Utah, and Washington, D.C.
Are embryos considered legal persons?
No. Embryos are not legally recognized as persons under South Carolina law.
Is traditional surrogacy legal in South Carolina?
Yes, but it is treated as an adoption due to the surrogate’s genetic connection.
Do sperm and egg donors have parental rights?
No, but rights must be legally terminated in court.
Is there an IVF tax credit?
Yes. Medical expenses above 7.5% of AGI may qualify for a federal deduction.