Surrogacy Lawyers in South Carolina

There are all kinds of ways to create a family, one of which is the surrogacy process. While surrogacy has a long history, for much of that time, the only type of surrogacy available was traditional surrogacy, in which the person carrying a pregnancy for an intended parent or parents was genetically related to the infant.

In recent decades, advancements in technology, such as egg donation, in vitro fertilization, and embryo donation, have made gestational surrogacy possible. In gestational surrogacy, the person carrying the pregnancy has no genetic relationship to the baby. Because there is no law prohibiting gestational surrogacy, it is legal in South Carolina. In fact, there exists case law that indicates surrogacy agreements are valid and enforceable in South Carolina. The availability of gestational surrogacy has opened up the option of becoming parents through surrogacy to many more people, including same-sex couples.

Unfortunately, developments in the law rarely keep pace with developments in technology, and many intended parents who are interested in surrogacy find that the process of finding and working with a surrogate involves legal complications they did not expect. It is important to work with an experienced South Carolina surrogacy lawyer to ensure that legal requirements are met and all parties’ rights are protected.

Surrogacy Options in South Carolina

Surrogacy is growing increasingly popular in the United States for many intended parents who are unable to carry their own pregnancy for medical or other reasons. Often intended parents from South Carolina or another state choose to work with a South Carolina surrogate; these arrangements are known as domestic surrogacy. Intended parents outside of the United States may also choose to work with a surrogate in South Carolina in an international surrogacy situation. Brinkley Law Firm assists clients with both domestic and international surrogacy.

Depending on the circumstances, intended parents who pursue parenthood through surrogacy may use donated eggs, donated sperm, or may use donated embryos. Donors of genetic material may be known or unknown to the intended parents. As with the surrogacy relationship, an attorney’s help is invaluable in identifying legal issues that may arise between intended parents and donors, and ensuring that all parties’ rights are clarified and protected.

Advantages of Working with SC Surrogacy Attorneys

In South Carolina and throughout the United States, surrogacy laws continue to evolve. Being represented by an attorney who regularly practices in the areas of surrogacy and assisted reproduction technology (ART) offers several advantages, including:

  • Informed guidance regarding the surrogacy process, its legal requirements, issues that may arise, and the rights of intended parents and surrogates.
  • Ensuring compliance with local surrogacy law, which varies from state to state
  • Negotiating and drafting surrogacy agreements, including issues like surrogate compensation, each party’s obligations; how sensitive situations like a multiple pregnancy or medical complications will be dealt with; and resolution of parental rights
  • Facilitating communications between intended parents, surrogates, and their partners, and helping to address concerns before they grow into disputes
  • Preparation of pre and post-birth orders entered by the court to create the legal relationship between intended parents and their infant born through surrogacy.

Becoming a parent through surrogacy is an investment—not just financially, but personally and emotionally. It is also a journey. Working with a compassionate and knowledgeable South Carolina surrogacy attorney can ensure that your investment is a productive one, and your journey to parenthood as joyful and peaceful as possible.

Experienced Surrogacy Lawyers in Charleston, South Carolina

Because surrogacy law is constantly changing to keep up with emerging issues, it is critical to work with lawyers who have their fingers on the pulse of legal developments that could affect your family and your future.

At Brinkley Law Firm, surrogacy law makes up a significant portion of our practice. Our attorneys are at the forefront of assisted reproduction technology law in not just South Carolina, but the United States. Attorney Stephanie Brinkley serves as Chair of the American Bar Association’s Committee for Assisted Reproduction Technology, and is a Fellow with the Academy of Adoption and Assisted Reproduction Technology.

As South Carolina surrogacy attorneys, we are committed to serving as guides and advocates for our clients on their journey to parenthood. We are also dedicated to upholding the highest ethics in practice while helping to shape developing surrogacy laws in a way that is most beneficial to intended parents, surrogates, and children born through surrogacy.

To learn more about surrogacy in South Carolina, we invite you to contact Brinkley Law Firm to schedule a consultation with our experienced South Carolina surrogacy lawyers. We look forward to working with you on your surrogacy journey.

Attorneys:  Katharyn L. Sophia

Domestic Surrogacy

A gestational surrogate, or gestational carrier, is not genetically related to the child. The egg from the intended mother (or egg donor) and the sperm from the intended father (or sperm donor) are mixed and the embryos are implanted into the gestati… Read More

International Surrogacy

There are many reasons why intended parents seek surrogacy in the United States. Whether the reason is political, religious, or financial, Brinkley Law Firm, LLC can help international parents with the legalities of creating a family through third-pa… Read More