South Carolina has no comprehensive gay surrogacy laws or specific statutes governing surrogacy arrangements. Instead, the state operates through established case law, particularly the precedent set in Mid-South Ins. Co. v. Doe, which implies gestational carrier agreements are valid and enforceable.

While LGBT surrogacy laws don’t exist as formal legislation, South Carolina courts have generally been favorable toward same-sex parents in pre-birth and post-birth orders, though outcomes can vary on a case-by-case basis.

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LGBT Surrogacy Laws in South Carolina: Will We Get a Pre-Birth Order?

South Carolina courts generally grant pre-birth orders to LGBT intended parents, though the process varies depending on your specific family structure and circumstances. Without specific gay surrogacy laws, outcomes depend on case law precedent and individual court decisions that have generally been favorable toward same-sex parents.

How pre-birth orders work in South Carolina:

• Most courts grant Consent Temporary Orders before birth
• Final Order of Parentage granted within 30 days of delivery
• Married same-sex couples with a genetic connection to the embryo can both be declared legal parents
• Unmarried same-sex couples face additional requirements

Important distinction: Intended parents cannot be declared legal parents in a pre-birth order or final order of parentage unless they have a genetic connection to the embryo—this is regardless of sexual orientation or marriage status.

Case law foundation: The Mid-South Ins. Co. v. Doe decision shows courts will consider gestational carrier agreements to determine the parties’ intent, strongly implying these agreements are legally valid.

How Can the Non-Genetic Parent in a Gay Couple Establish Legal Rights?

The legal path for non-genetic parents in same-sex couples depends significantly on whether the couple is married.

For married same-sex couples:

• Both parents can be established through pre-birth orders
• Legal recognition available regardless of genetic connection
• Birth certificate amended to include both parents

For unmarried same-sex couples:

• Only biological parent obtains initial pre-birth order
• Non-biological parent must pursue second-parent adoption
• Two-step legal process required for full recognition
• Birth certificate amended after adoption completion

Legal advantages: South Carolina allows second-parent adoptions to be completed within the state, meaning unmarried couples don’t need to travel elsewhere for legal recognition of both parents.

Strategic considerations: Marriage before surrogacy can streamline the legal process by allowing both partners to be established simultaneously through pre-birth orders.

What If We’re Not Married — Can We Both Be Legal Parents?

Unmarried LGBT couples can both achieve legal parent status in South Carolina if at least one partner is genetically related to the embryo, but the process requires additional steps compared to married couples. The state is generally friendly to non-married couples and LGBT families, though unmarried same-sex couples face a two-step legal process.

Legal process for unmarried couples:

• Biological parent obtains pre-birth order establishing paternity
• Non-biological parent completes second-parent adoption post-birth
• Both processes can be completed within South Carolina
• Birth certificate amended to include both parents after adoption

Marriage considerations: While marriage isn’t legally required, it simplifies the process by allowing both parents to be established through pre-birth orders simultaneously. Some couples choose to marry before surrogacy to streamline legal procedures.

Important note: South Carolina does not require intended parents to be married, but unmarried couples where one parent is not genetically related to the child will need the non-genetic partner to adopt post-birth.

Single Parent Rights — Can I Be Declared the Legal Parent in South Carolina?

Single LGBTQ+ individuals can pursue surrogacy in South Carolina and establish legal parentage through the state’s legal framework so long as they have a genetic link to the embryo. South Carolina is friendly to single intended parents, and the process is often more straightforward since only one person’s legal rights need establishment.

Process for single parents:

• Pre-birth orders available when using own gametes
• Legal parentage confirmed through standard court processes

Legal advantages: Single parents often face fewer complications than couples since the legal process focuses on establishing one person’s parental rights rather than navigating complex two-parent scenarios.

How Will Our Names Appear on the Birth Certificate in South Carolina?

South Carolina’s court system uses birth certificates that say “mother and father.”

How Long Will It Take to Get the Birth Certificate?

South Carolina’s birth certificate process involves multiple steps, with timelines depending on your specific legal pathway and whether additional adoption procedures are required.

Standard timeline:

• Pre-birth legal preparation during pregnancy
• Consent Temporary Order obtained before birth
• Final Order of Parentage within 30 days of delivery
• Additional time for second-parent adoption if required
• Birth certificate amendment processing after legal completion

Process variations:

• Married couples: Streamlined process with simultaneous recognition
• Unmarried couples: Extended timeline due to two-step legal process
• Single parents: Typically faster completion with one parent to establish

Do We Need a Second Parent Adoption After Surrogacy in South Carolina?

Second-parent adoption requirements in South Carolina depend on your marital status and the specific legal orders obtained during your surrogacy process.

When adoption isn’t needed:

• Both parents established through pre-birth and final orders (typically married couples)
• Single parents who obtained proper legal recognition

When adoption is required:

• Unmarried same-sex couples where non-biological parent wasn’t included in pre-birth orders
• Any situation where both parents weren’t established through initial court orders

How Surrogacy Contracts Protect LGBT Parents in South Carolina

South Carolina recognizes surrogacy agreements as valid and enforceable through case law precedent. Properly drafted contracts provide essential legal protection for LGBT families throughout the surrogacy process.

Essential contract elements:

• Clear establishment of intended parental rights for both partners
• Procedures for obtaining appropriate court orders (pre-birth or post-birth)
• Medical decision-making authority during pregnancy
• Specific provisions addressing South Carolina’s legal framework
• Contingency planning for different legal pathways

Legal enforceability: The Mid-South Ins. Co. v. Doe precedent establishes that courts will consider gestational carrier agreements to determine parties’ intent, providing strong enforceability for properly drafted contracts.

Why Work With a Surrogacy Agency for LGBT Surrogacy in South Carolina?

Professional agencies provide crucial support for LGBT families navigating South Carolina’s case-by-case legal landscape. They coordinate with experienced attorneys, connect families with supportive surrogates, and manage the complex processes involved in surrogacy arrangements.

Agency advantages for LGBT families:

• Network of surrogates experienced with same-sex couples
• Relationships with attorneys familiar with South Carolina’s case law approach
• Understanding of different legal pathways for married vs. unmarried couples
• Coordination with fertility clinics that welcome LGBT families
• Support for managing two-step legal processes when required

Legal coordination: Agencies work with attorneys who understand South Carolina’s precedent-based system and can develop appropriate strategies for different family structures.

Process management: Professional guidance helps families understand which legal pathway applies to their situation and ensures proper preparation for court procedures.

Explore LGBT-Friendly Surrogacy Agencies

Finding an LGBT-Friendly Surrogacy Attorney in South Carolina

Working with legal counsel experienced in South Carolina’s case-by-case approach to surrogacy is essential for LGBT families. Qualified attorneys understand the state’s precedent-based system and can navigate the different legal pathways available.

Recommended South Carolina Surrogacy Attorneys:

Allison Bullard McNair

• Fellow of the American Academy of Assisted Reproductive Technology Attorneys

James Fletcher Thompson

• Fellow of the American Academy of Assisted Reproductive Technology Attorneys

Stephanie Brinkley

• Fellow of the American Academy of Assisted Reproductive Technology Attorneys

Why specialized counsel matters: Attorneys experienced in gay surrogacy laws and South Carolina’s case law approach understand which legal strategies work best for different family structures and can navigate the state’s precedent-based system effectively.

How to Get Started With LGBT Surrogacy in South Carolina

South Carolina’s legal framework, while not codified in specific statutes, has proven workable for LGBT families through supportive case law and court practices. Understanding the state’s approach helps families make informed decisions about their surrogacy journey.

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Steps for moving forward:

• Professional support: Work with surrogacy agencies that understand South Carolina’s case-by-case system and can coordinate appropriate legal and medical support.
• Legal consultation: Meet with attorneys experienced in South Carolina’s case law approach to understand which legal pathway applies to your specific family structure and circumstances.
• Family structure planning: Consider how marital status affects your legal process—marriage can streamline recognition for both parents, while unmarried couples should prepare for a two-step process.
• Documentation preparation: Ensure all legal paperwork is properly prepared for your specific pathway, whether single-step or two-step processes.