South Carolina surrogacy laws and planning route
Gestational Surrogacy is permitted in South Carolina because no statute or published case law prohibits it. To the contrary, there is published case law that suggests that surrogacy is valid. Specifi... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
This state summary is educational planning context, not legal advice. Surrogacy laws, court practice, and parentage-order procedure can change — confirm your specific route with qualified reproductive counsel before acting.
Before acting on South Carolina surrogacy law
Use this page to decide who needs to confirm the next step. It is screening guidance, not legal advice, medical clearance, or guaranteed approval.
Confirm the South Carolina parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryConfirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsMap state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the South Carolina route needs a backup jurisdiction.
Talk to our teamThe South Carolina law, section by section
Category
Moderate
Gestational Surrogacy
Permitted. No statute or published case law prohibits it. In Mid-South Ins. Co. v. Doe (2003), the U.S. District Court considered a Gestational Carrier Agreement to determine the intent of the parties, implying it was a valid agreement.
Traditional Surrogacy
Permitted because no statute or published case law prohibits it. Traditional surrogacy is treated like an adoption and, therefore, may be illegal unless payments are reasonable pursuant to the adoption statute S.C. Code Sec. 63-9-310(F)(1). Advisable to consult with a legal professional to navigate the complexities.
Pre-Birth Parentage Orders
Yes, most courts will grant a Consent Temporary Order before birth. A Final Order of Parentage is then granted within 30 days of delivery.
Eligibility
- Married heterosexual couples (using own egg and sperm or using egg/sperm donor): Yes
- Unmarried heterosexual couples (using own egg and sperm or using egg/sperm donor): Yes
- Married same-sex couples (using egg or sperm donor): Yes
- Unmarried same-sex couples (using egg or sperm donor): No; only the biological parent can obtain a pre-birth order, triggering a two-step court process. The non-biological parent must then obtain a second-parent adoption, which can be accomplished in South Carolina. The birth certificate will then be amended.
- Single parents (using own egg or sperm): Yes
Venue
County of the gestational carrier’s residence, county of the IVF clinic, county of the IVF clinic where the gestational carrier receives post-transfer monitoring services, county of the gestational carrier’s OB/GYN, county of the child’s birthplace.
Hearing Requirement
Sometimes required.
Same-Sex Couples
Birth certificate naming: same-sex parents can be listed as Mother and Father, or using both parent titles. International same-sex male couples can obtain an initial birth certificate naming the biological father and gestational carrier. Can also obtain a certificate naming only the biological father. Can later update the certificate to list only the biological father or both fathers, either through marital presumption (if married) or second-parent adoption.
Birth Certificate Timing
Per South Carolina procedures
Recognition of Out-of-State Orders
South Carolina may not honor a pre-birth order from another state. Advisable to consult with a South Carolina surrogacy attorney to discuss next steps.
Adoption Options
A non-biological parent can obtain a second-parent adoption even if neither intended parent lives in South Carolina. South Carolina courts grant second-parent and stepparent adoptions to both heterosexual and same-sex couples. Marriage is not required; if married, couples may use marital presumption instead of adoption.
The visible law summary is tied to the governed South Carolina source row used by the state-law dataset and machine-readable feed. Treat the page as educational planning context and confirm case-specific questions with qualified reproductive counsel.
Official sourceWe coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
How escrow works in South Carolina
In South Carolina, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.
Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.
Disclaimer: Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
Stay confident in your chosen destination. See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
Surrogacy laws are complex and vary by state. Our team collaborates with experienced reproductive law attorneys across the country to ensure your journey remains legally sound and fully protected.
Become a SurrogatePlanning surrogacy in South Carolina?
Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Please consult with a qualified reproductive law attorney for advice specific to your situation.
South Carolina surrogacy laws and planning route
Gestational Surrogacy is permitted in South Carolina because no statute or published case law prohibits it. To the contrary, there is published case law that suggests that surrogacy is valid. Specifi... Use this page to separate public legal context from the counsel, clinic, and coordinator decisions that still need case-specific review.
Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.
- Legal Status
- No specific surrogacy legislation
- Pre-Birth Orders
- Available
- Compensated Surrogacy
- Status Varies
- Residency Requirement
- Not Required
This is educational planning context, not legal advice. Laws and court practice can change — confirm your specific route with qualified reproductive counsel before acting.
Before acting on South Carolina surrogacy law
Use this page to decide who needs to confirm the next step. It is screening guidance, not legal advice, medical clearance, or guaranteed approval.
Confirm the South Carolina parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.
Read legal summaryConfirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.
Review requirementsMap state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the South Carolina route needs a backup jurisdiction.
Talk to our teamThe South Carolina law, section by section
Category
Moderate
Gestational Surrogacy
Permitted. No statute or published case law prohibits it. In Mid-South Ins. Co. v. Doe (2003), the U.S. District Court considered a Gestational Carrier Agreement to determine the intent of the parties, implying it was a valid agreement.
Traditional Surrogacy
Permitted because no statute or published case law prohibits it. Traditional surrogacy is treated like an adoption and, therefore, may be illegal unless payments are reasonable pursuant to the adoption statute S.C. Code Sec. 63-9-310(F)(1). Advisable to consult with a legal professional to navigate the complexities.
Pre-Birth Parentage Orders
Yes, most courts will grant a Consent Temporary Order before birth. A Final Order of Parentage is then granted within 30 days of delivery.
Eligibility
- Married heterosexual couples (using own egg and sperm or using egg/sperm donor): Yes
- Unmarried heterosexual couples (using own egg and sperm or using egg/sperm donor): Yes
- Married same-sex couples (using egg or sperm donor): Yes
- Unmarried same-sex couples (using egg or sperm donor): No; only the biological parent can obtain a pre-birth order, triggering a two-step court process. The non-biological parent must then obtain a second-parent adoption, which can be accomplished in South Carolina. The birth certificate will then be amended.
- Single parents (using own egg or sperm): Yes
Venue
County of the gestational carrier’s residence, county of the IVF clinic, county of the IVF clinic where the gestational carrier receives post-transfer monitoring services, county of the gestational carrier’s OB/GYN, county of the child’s birthplace.
Hearing Requirement
Sometimes required.
Same-Sex Couples
Birth certificate naming: same-sex parents can be listed as Mother and Father, or using both parent titles. International same-sex male couples can obtain an initial birth certificate naming the biological father and gestational carrier. Can also obtain a certificate naming only the biological father. Can later update the certificate to list only the biological father or both fathers, either through marital presumption (if married) or second-parent adoption.
Birth Certificate Timing
Per South Carolina procedures
Recognition of Out-of-State Orders
South Carolina may not honor a pre-birth order from another state. Advisable to consult with a South Carolina surrogacy attorney to discuss next steps.
Adoption Options
A non-biological parent can obtain a second-parent adoption even if neither intended parent lives in South Carolina. South Carolina courts grant second-parent and stepparent adoptions to both heterosexual and same-sex couples. Marriage is not required; if married, couples may use marital presumption instead of adoption.
The visible law summary is tied to the governed South Carolina source used by the state-law dataset and machine-readable feed. Treat the page as educational planning context and confirm case-specific questions with qualified reproductive counsel.
Official source South Carolina Court of Appeals: Mid-South Ins. Co. v. Doe parentage-related opinionWe coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.
How escrow works in South Carolina
In South Carolina, your surrogacy funds are held in a fertility-law firm's attorney trust account (an IOLTA). Patriot never holds your money directly. The firm administers the trust account using software built for that workflow.
Patriot recommends TrustUS, the software your law firm uses to hold your funds. TrustUS runs on top of the firm's IOLTA — not as a separate third-party escrow agent.
Disclaimer: Patriot has not independently verified TrustUS's compliance attestations; consult your attorney before custodying funds.
Explore more states
See how other jurisdictions approach pre-birth orders, surrogacy compensation, and intended parent protections.
Planning surrogacy in South Carolina?
Move from legal research into the next decision pages: requirements, cost planning, agency comparison, and a live conversation with the team.