This guide provides an overview of surrogacy in the U.S. Issues discussed cover types of surrogacy and agreements included as part of the process. Links to state-specific laws are included.
Title: South Carolina Legal Guide to Surrogacy — Surrogate: A Comprehensive Overview Introduction: In South Carolina, surrogacy is a legally recognized method of assisted reproduction that allows intended parents to have a genetically unrelated child with the help of a surrogate. This Legal Guide aims to provide a detailed description of the surrogacy process in South Carolina, discussing the legalities, requirements, and types of surrogacy available in the state. 1. Traditional Surrogacy: Traditional surrogacy involves a surrogate mother who uses her own eggs to conceive a child on behalf of the intended parents. In South Carolina, traditional surrogacy is recognized but may involve more legal complexities due to the genetic connection between the surrogate and the child. 2. Gestational Surrogacy: Gestational surrogacy is the most commonly used method in South Carolina. It involves the implantation of an embryo created from the intended parents' genetic material or donor gametes into the surrogate's uterus. In this case, the surrogate has no genetic relationship with the child. Legal Considerations in South Carolina: a) Surrogacy Agreement: To protect the rights and responsibilities of all parties involved, it is essential to have a comprehensive surrogacy agreement. In South Carolina, a legally enforceable agreement should be drafted and signed by the surrogate, intended parents, and any other involved parties. b) Pre-birth Order: South Carolina allows intended parents to obtain a pre-birth order, establishing their legal parentage before the birth takes place. This ensures a smooth transition of parental rights without the need for adoption after the child is born. c) Post-Birth Process: After the birth, the intended parents must complete the necessary paperwork to establish their legal parentage and ensure the child's birth certificate includes their names as the legal parents. d) Surrogacy Compensation: South Carolina allows the payment of reasonable expenses to the surrogate, including medical, legal, and living expenses. Compensation should not be based on the outcome of the pregnancy or the termination of the pregnancy. e) Surrogacy Agencies: Intended parents considering surrogacy in South Carolina may choose to work with a reputable surrogacy agency. These agencies can provide guidance, support, and match intended parents with suitable surrogates. Conclusion: Surrogacy in South Carolina offers hopeful parents an opportunity to build or expand their families through both traditional and gestational surrogacy methods. By following the legal guidelines, drafting a comprehensive surrogacy agreement, and working with experienced professionals, intended parents can navigate the surrogacy journey with confidence and fulfill their dreams of having a child.
