South Carolina Surrogacy Laws
Stance of Courts Toward Surrogacy
Surrogacy is permitted and recognized by case law.
Intended Parents Marital Status / Establishing Parentage
-pre-birth parentage orders are granted in most cases, county dependent.
Money Permitted?
Yes – no laws specify compensation for a surrogate.
Summary of Law
South Carolina courts enforce surrogacy contracts and grant pre-birth orders.
Cases, Additional Info
Mid-South Ins. Co. v. Doe, the U.S. District Court and looked to a Gestational Carrier Agreement to determine the intent of the parties, implying it was a valid agreement. Source. Traditional surrogacy treated as adoption, therefore uncompensated outside of ‘reasonable expenses’.