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State law route

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.

South Carolina surrogacy state illustration
Moderate state posture Last updated October 8, 2025 Organization-reviewed

Reviewed by Patriot Conceptions Legal Review Team, Legal content review team on October 8, 2025.

SC
South Carolina
Moderate state posture
Legal Status No specific surrogacy legislation
Pre-Birth Orders Available
Compensated Surrogacy Status Varies
Residency Requirement Not Required
On this page
What to confirm next

Before acting on South Carolina surrogacy law

Use this page to decide who should own the next step — your attorney, clinic, or coordinator.

Independent reproductive attorney
What must counsel confirm?

Confirm the South Carolina parentage path, compensation language, venue or residency assumptions, and required signatures before anyone treats a match as ready.

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Clinic and screening team
What must the clinic confirm?

Confirm medical clearance, transfer timing, records, monitoring logistics, psychological review, and any clinic-specific requirements before calendars are locked.

Review requirements
Patriot coordination
What should be routed next?

Map state fit, provider handoffs, escrow and insurance timing, travel burden, and whether the South Carolina route needs a backup jurisdiction.

Talk to our team
Before you proceed
✓ Review South Carolina parentage order requirements with your attorney.
✓ Confirm your gestational carrier agreement complies with current statutes.
✓ Align medical clinic milestones with legal filing timelines to prevent delays.
Legal summary

The 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.

Primary source
South Carolina source used for this summary

This summary is based on the primary source listed for South Carolina. Confirm your situation with a reproductive attorney licensed in that state.

Source
South Carolina Court of Appeals: Mid-South Ins. Co. v. Doe parentage-related opinion
Judicial source · Accessed May 31, 2026
Partner with our legal network

We coordinate with reproductive law specialists who draft enforceable agreements tailored to your family plan.

✓Attorney-matched guidance for intended parents, carriers, and donors.
✓Jurisdiction-specific contract language aligned with recent case law.
✓Coordination with clinics to secure parentage orders without delays.
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Clinic layer

Fertility clinics in South Carolina

The law sets the parentage route. The clinic sets medical clearance, transfer timing, and monitoring — so both calendars have to be planned together. These are public Atlas profiles, not recommendations.

3 South Carolina clinic profiles

Showing 1–3 of 3 published South Carolina clinic profiles, ordered by how complete each public record is.

Atlas clinic facts reviewed June 2, 2026. Patriot does not rank or endorse clinics — each profile links to its own public sources and a correction path. Confirm screening, transfer timing, and carrier requirements with the clinic directly.

Funds custody

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.

✓IOLTA-ready escrow, AES-256 encryption, full audit trail.
✓SOC 2 practices.
✓99.98% receipt match rate, 2-second average payout.
See how your law firm uses TrustUS

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.

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Need legal guidance?

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.

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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.

Talk with a reproductive attorney licensed in South Carolina before you act on any detail here.