Do I Need a Lawyer for Surrogacy in South Carolina?

The addition of a child is a dream for many people. But achieving that dream is more difficult for some than for others. Whether you are seeking assistance to grow your own family or are helping others realize the dream of parenthood as a surrogate, know that you are part of a wider community exploring Assisted Reproductive Technology (ART).

The South Carolina surrogacy attorneys at Brinkley Law Firm, LLC, assist intended parents and surrogates by preparing surrogacy agreements that will later be used to finalize the intended parents’ legal rights. Led by surrogacy attorney Stephanie Brinkley, the Immediate Past Chair of the American Bar Association’s Committee for Assisted Reproduction Technology and a Fellow with the Academy of Adoption and Assisted Reproductive Attorneys, Brinkley Law Firm, LLC, helps individuals and families navigate the surrogacy journey with compassion, care, and clarity.

Is Surrogacy Legal in South Carolina?

Yes, surrogacy is legal in South Carolina. South Carolina does not have any statutes that explicitly permit or restrict surrogacy, and South Carolina courts have shown a willingness to enforce surrogacy contracts, particularly for gestational surrogacy. As a result, surrogacy is a viable option for intended parents in South Carolina. However, the absence of comprehensive legislation means working with an experienced surrogacy attorney is crucial.

South Carolina Surrogacy Options

There are two types of surrogacy arrangements: gestational surrogacy and traditional surrogacy.

• In gestational surrogacy, the eggs come either from the mother or an egg donor. The surrogate is not related to the baby.
• Less frequently, traditional surrogacy uses the surrogate’s eggs to create an embryo.

Gestational surrogacy is typically preferred over traditional surrogacy. In gestational surrogacy, the surrogate has no genetic link to the child, which helps streamline the legal process and minimizes the potential for disputes. Because the child is genetically related to one or both of the intended parents, establishing parental rights is easier. Conversely, traditional surrogacy requires adoption to establish legal rights for the Intended Parents.

Do South Carolina Courts Enforce Surrogacy Agreements?

Because there are no South Carolina statutes that explicitly permit or restrict surrogacy, surrogacy is largely a matter of contract interpretation, enforcement, and adherence to legal precedent. South Carolina courts generally enforce gestational surrogacy agreements when they meet certain conditions, particularly clear consent from all parties.

Traditional surrogacy is less common and can be more complicated. To be enforceable, a traditional surrogacy agreement must clearly identify each party’s legal rights and responsibilities and involves a post birth adoption action. A skilled and knowledgeable lawyer for surrogacy can help you address these challenges and ensure compliance with the law.

What Should a South Carolina Surrogacy Agreement Address?

Surrogacy agreements define the legal rights of surrogates and intended parents and are a cornerstone of the surrogacy process. A surrogacy agreement should address the following items:

• Compensation for the surrogate, including reimbursements, payment of medical bills, and handling unexpected costs
• Medical procedures, including who will make decisions about embryo transfers, selective reduction, pregnancy termination, and Cesarean delivery
• Health and lifestyle expectations, travel restrictions, and communication preferences
• Legal parentage, specifically when and how the intended parents will be recognized as the child’s legal guardians
• A clear method for resolving disputes without jeopardizing the surrogacy journey
• Termination clauses to address what should happen if one party needs to end the agreement early

The surrogacy agreement typically comes after the intended parent(s) have matched with a surrogate but before any medical procedures have been performed.

A pre-birth order is another essential tool that establishes the intended parents’ right to physical custody of the child upon birth.

Post-birth orders are equally important as they dictate the placement of the names of the intended parents on the baby’s birth certificate. Securing these orders requires careful planning, preparation, and timely assistance from a skilled, experienced surrogacy attorney.

How Can a South Carolina Lawyer for Surrogacy Help?

Navigating the surrogacy process without a lawyer for surrogacy can be challenging, if not impossible.

Assisted Reproductive Technology (ART) is a complex and rapidly evolving area of the law, and an attorney who does not regularly practice in this area may not possess the knowledge, background, skill, or experience to help you thoroughly review and resolve these potentially sensitive issues.

Our skilled surrogacy attorneys provide invaluable support by drafting and reviewing agreements, ensuring compliance with state laws, and addressing any disputes that may arise. We also assist with pre-birth and post-birth orders and manage relationships between intended parents and surrogates. The experienced surrogacy attorney team at Brinkley Law Firm will help ensure that your surrogacy journey proceeds smoothly and ethically.