What to Know About the Surrogacy Process in South Carolina

Surrogacy can be a life-changing opportunity for individuals and couples hoping to grow their families. For those considering surrogacy in South Carolina, understanding the legal framework and practical aspects of the process is essential. South Carolina offers a supportive environment for gestational surrogacy, but navigating the legal and emotional complexities requires careful planning and guidance from experienced and empathetic professionals.

Is Surrogacy Legal in South Carolina?

Yes, surrogacy is legal in South Carolina. While the state does not have specific statutes addressing surrogacy, existing case law supports the validity of surrogacy agreements, particularly for gestational surrogacy. In this arrangement, the surrogate carries a child conceived using the egg and/or sperm of the intended parents or donors, meaning the surrogate has no genetic link to the baby. This legal foundation makes South Carolina a viable option for intended parents seeking surrogacy.
However, the absence of comprehensive legislation means that working with an experienced surrogacy attorney is crucial to ensure a smooth process.

What Are South Carolina Surrogacy Laws?

South Carolina surrogacy laws primarily rely on case law rather than codified statutes. Courts generally uphold gestational surrogacy agreements when they meet certain conditions, such as clear consent from all parties and a thorough legal review. Traditional surrogacy—where the surrogate is genetically related to the child—is less common and can involve more legal complications. Intended parents and surrogates must establish detailed surrogacy agreements to outline each party’s responsibilities and protect their rights. With guidance from a knowledgeable attorney, intended parents can address potential challenges and ensure compliance with applicable laws.

Who Can Pursue Surrogacy in South Carolina?

Surrogacy in South Carolina is an option for a diverse range of individuals and families. Married couples, single parents, and same-sex couples have successfully built their families through gestational surrogacy in the state. The flexibility of South Carolina’s legal environment makes it possible for many people to consider surrogacy as a pathway to parenthood. That said, every surrogacy arrangement is unique, and intended parents should seek personalized legal assistance to understand their specific circumstances.

What Does the Surrogacy Process Look Like?

The surrogacy process in South Carolina begins with identifying a surrogate—often called a gestational carrier—who meets medical, emotional, and legal criteria. Intended parents may work with surrogacy agencies or independently identify a surrogate. Once a match is made, all parties must undergo medical and psychological screenings to ensure readiness for the journey ahead.

Next, a surrogacy agreement is drafted and reviewed by legal representatives for both the intended parents and the surrogate. This agreement outlines critical details, including medical procedures, compensation, and parental rights. After the agreement is finalized, the medical process begins, which typically involves in vitro fertilization (IVF) to transfer embryos to the surrogate.

Throughout the pregnancy, ongoing communication and support between the surrogate and intended parents are essential. Pre-birth orders, which establish the intended parents’ legal rights to the child, are typically secured through the courts before the baby’s birth.

How Much Does Surrogacy Cost in South Carolina?

The cost of surrogacy in South Carolina varies depending on several factors, including reimbursement of surrogate living expenses, medical expenses, health insurance, legal fees, and agency costs. On average, intended parents can expect to spend between $100,000 and $150,000. While this may seem like a significant investment, it reflects the comprehensive nature of the surrogacy process. Intended parents should plan for expenses related to medical procedures, legal representation, surrogate care, and any unforeseen complications.

What Are the Legal Rights of Surrogates and Intended Parents?

Ensuring the legal rights of both surrogates and intended parents is a cornerstone of the surrogacy process. Surrogacy agreements play a vital role in defining these rights and responsibilities.
For surrogates, agreements typically address compensation, medical care, and decision-making during the pregnancy. For intended parents, the agreements ensure their parental rights are recognized and protected.

Pre-birth orders are an essential legal tool, as they establish the intended parents’ right to physical custody of the child upon birth. Post births orders are equally important as they instruct placement of the names of the intended parents on the baby’s birth certificate. Securing these orders requires careful preparation and timely filing with the assistance of a skilled surrogacy attorney.

Why Work with a South Carolina Surrogacy Attorney?

Navigating the surrogacy process without proper legal guidance can be unfeasible. Our skilled surrogacy attorney team provides invaluable support by drafting and reviewing agreements, ensuring compliance with state laws, and addressing any legal disputes that may arise. We also assist with obtaining pre-birth orders, post birth orders, and managing relationships between intended parents and surrogates.

With the law constantly evolving, having a knowledgeable attorney team like Brinkley Law Firm, LLC, ensures your surrogacy journey proceeds smoothly and ethically.

What Makes Gestational Surrogacy a Preferred Option?

Gestational surrogacy is often preferred over traditional surrogacy because it separates the surrogate’s genetic connection from the child. This distinction simplifies legal arrangements and reduces potential conflicts. In gestational surrogacy, the child is biologically related to one or both intended parents (or donors), making it easier for courts to establish parental rights. For many families, gestational surrogacy offers a clear and secure path to parenthood.

How Does Surrogacy Build Families in South Carolina?

Surrogacy has transformed the lives of countless families in South Carolina. For those unable to conceive or carry a pregnancy, surrogacy provides a way to experience the joys of parenthood. Same-sex couples, individuals with medical conditions, and families facing infertility have all benefited from the option of surrogacy. By offering a pathway to create families, surrogacy fosters hope and connection in ways that were unimaginable just a few decades ago.

Ready to Begin Your Surrogacy Journey?

Embarking on a surrogacy journey in South Carolina is a deeply personal decision that requires careful planning and expert guidance. At Brinkley Law Firm, LLC, we are committed to supporting intended parents and surrogates every step of the way. With years of experience in surrogacy law and a compassionate approach, we ensure that your legal needs are met so you can focus on building your family.

Whether you are an intended parent exploring surrogacy options or a surrogate considering this incredible role, our team is here to help. Contact Brinkley Law Firm today to schedule a consultation and learn more about surrogacy in South Carolina. Together, we can help you take the next step on your journey to parenthood.