Can Single Parents Use Surrogacy in South Carolina?

Using surrogacy to build a family is a deeply personal journey, and no two situations are the same. Regardless of your personal circumstances, you deserve clear guidance to help you make decisions that will shape your family’s future.

While the “traditional” image of a family included two parents, that picture is changing. More single people are using surrogacy to become parents. Brinkley Law Firm, LLC, works with single men and women who wish to become parents through surrogacy. Led by founding 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, our team of professionals can guide you through every step of the surrogacy journey and prepare the legal documents necessary to secure your rights as an intended parent.

Is Single Parent Surrogacy Legal in South Carolina?

Yes. Surrogacy for single parents is absolutely possible for a single person in South Carolina. While South Carolina does not have specific statutes that address surrogacy, existing case law supports the validity of surrogacy agreements, particularly for gestational surrogacy. In this arrangement, a surrogate carries a child conceived using the egg or sperm of the intended parent, which means the surrogate has no genetic link to the baby. However, because South Carolina lacks formal surrogacy statutes, working with an experienced surrogacy attorney is critical to ensuring a successful outcome.

What Is the Process for Single Parent Surrogacy in South Carolina?

The process for single parent surrogacy is similar to surrogacy for a married couple. In situations where there are slight differences, our legal team is here to support you every step of the way.

Find a Surrogate

The first step in the surrogacy process is finding a surrogate — often called a gestational carrier — who meets the medical, emotional, and legal criteria. Some gestational carriers prefer working with single intended parents because they want to carry for a male LGBTQ+ intended father or because they have a personal experience with single parenting. These surrogates know that marital status does not determine a person’s ability to be a parent.

Complete Medical and Psychological Screening

Once you find a surrogate, she will need to undergo medical and psychological screening to ensure she is approved for the surrogacy process. You will also need to complete psychological screening with a mental health professional who will discuss the risks and responsibilities of the surrogacy process, as well as any additional challenges of being a single parent.

Prepare the Surrogacy Agreement

When the surrogacy screening is complete, our team can prepare the legal documents required for a surrogacy agreement. These documents establish that you will be the child’s sole parent and identify the process for placing your name on the child’s birth certificate. The agreement should also define the financial terms, establish medical and lifestyle expectations for the gestational carrier, address insurance requirements, and more.

Complete the Embryo Transfer

With the surrogacy agreement in place, the medical process can begin. This typically involves in vitro fertilization (IVF) to transfer embryos to the surrogate.

Establish Parental Rights

Once a pregnancy is confirmed, you must secure a pre-birth order that establishes you as the child’s sole, legal parent and instructs the hospital and the South Carolina Department of Public Health and Department of Vital Records on how to process Vital Records forms. The pre-birth order avoids legal complexities around the child’s parentage, medical authorization capacity, and financial responsibility for the baby’s hospital bill.

Once the child is born, a post-birth order is issued to legally confirm your parental rights and authorize the state to issue a birth certificate naming you as the child’s only legal guardian.

How Our Single Parent Surrogacy Attorneys Can Help

For single parents considering surrogacy in South Carolina, Brinkley Law Firm is here to help. Our skilled and experienced surrogacy attorneys can guide you through the surrogacy process, draft and review surrogacy agreements, ensure compliance with state laws, and address any disputes that may arise. We also assist with pre- and post-birth orders to ensure your surrogacy journey proceeds smoothly and ethically.